j^ It is painful to behold a man employing his talents to corrupt himself. Nature has been kinder to Mr. Burke than he is to her. He is not affected by the reality of distress touching his heart, but by the showy resemblance of it strik- ing his imagination. He pities the plumage, but forgets the dying bird. Accustomed to kiss the aristocratical hand that hath purloined him from himself, he degen- erates into a composition of art, and the genuine soul of nature forsakes him. His hero or his heroine must be a tragedy-victim expiring in show, and not the real prisoner of mystery, sink- ing into death in the silence of a dungeon. As Mr. Burke has passed over the whole transaction of the Bastille (and his silence is nothing in its favor), and has entertained his readers with reflections on supposed facts dis- torted into real falsehoods, I will give, since he has not, some account of the circumstances which preceded that transaction. They will serve to show, that less mischief could scarcely have ac- 26 WRITINGS OF THOMAS PAINE companied such an event, when considered with the treacherous and hostile aggravations of the enemies of the Revolution. The mind can hardly picture to itself a more tremendous scene than which the city of Paris exhibited at the time of taking the Bastille, and for two days before and after, nor conceive the possibility of its quieting so soon. At a distance, this transaction has appeared only as an act of heroism, standing on itself; and the close politi- cal connection it had with the Revolution is lost in the brilliancy of the achievement. But we are to consider it as the strength of the parties, brought man to man, and contending for the issue. The Bastille was to be either the prize or the prison of the assailants. The down- fall of it included the idea of the downfall of despotism; and this compounded image was be- come as figuratively united as Bunyan's Doubt- ing Castle and Giant Despair. The National Assembly, before and at the time of taking the Bastille, were sitting at Ver- sailles, twelve miles distant from Paris. About a week before the rising of the Parisians and their taking the Bastille, it was discovered that a plot was forming, at the head of which was the Count d'Artois, the King's youngest brother, for 27 WRITINGS OF THOMAS PAINE demolishing the National Assembly, seizing its members, and thereby crushing, by a coup de main, all hopes and prospects of forming a free government. For the sake of humanity, as well as of freedom, it is well this plan did not succeed. Examples are not wanting to show how dread- fully vindictive and cruel are all old govern- ments, when they are successful against what they call a revolt. This plan must have been some time in con- templation ; because, in order to carry it into exe- cution, it was necessary to collect a large mili- tary force around Paris, and to cut off the com- munication between that city and the National Assembly at Versailles. The troops destined for this service were chiefly the foreign troops in the pay of France, and who, for this particu- lar purpose, were drawn from the distant prov- inces where they were then stationed. When they were collected, to the amount of between twenty-five and thirty thousand, it was judged time to put the plan into execution. The Ministry who were then in office, and who were friendly to the Revolution, were in- stantly dismissed, and a new Ministry formed of those who had concerted the project; among whom was Count de Broglio, and to his share 28 WRITINGS OF THOMAS PAINE was given the command of those troops. The character of this man, as described to me in a letter which I communicated to Mr. Burke be- fore he began to write his book, and from an authority which ^Mr. Burke well knows was good, was that of "an high-flying aristocrat, cool, and capable of every mischief." While these matters were agitating, the Na- tional Assembly stood in the most perilous and critical situation that a body of men can be sup- posed to act in. They were the devoted victims, and they knew it. They had the hearts and wishes of their country on their side, but military authority they had none. The guards of Broglio surrounded the hall where the Assembly sat, ready, at the word of command, to seize their persons, as had been done the year before to the Parliament of Paris. Had the National Assembly deserted their trust, or had they exhibited signs of weakness or fear, their enemies had been encouraged, and the country depressed. When the situation they stood in, the cause they were engaged in, and the crisis then ready to burst which should deter- mine their personal and political fate, and that of their country, and probably of Europe, are taken into one view, none but a heart callous with 29 WRITINGS OF THOMAS PAINE prejudice, or corrupted by dependence, can avoid interesting itself in their success. The Ai'chbishop of Vienne was at this time president of the National Assembly; a person too old to undergo the scene that a few days, or a few hours, might bring forth. A man of more activity, and bolder fortitude, was necessary; and the National Assembly chose (under the form of a vice-president, for the presidency still resided in the Archbishop) M. de la Fayette; and this is the only instance of a vice-president being chosen. It was at the moment that this storm was pending (July 11) that a declaration of rights was brought forward by M. de la Fayette, and is the same which is alluded to in page four- teen. It was hastily drawn up, and makes only a part of a more extensive declaration of rights, agreed upon and adopted afterward by the Na- tional Assembly. The particular reason for bringing it forward at this moment (M. de la Fayette has since in- formed me) was, that if the National Assembly should fall in the thi'eatened destruction that then surrounded it, some traces of its principles might have the chance of surviving the wreck. Every thing now was drawing to a crisis. 30 WRITINGS OF THOMAS PAINE The event was freedom or slavery. On one side, an army of nearly thirty thousand men; on the other, an unarmed body of citizens, for the citi- zens of Paris on whom the National Assembly must then immediately depend, were as unarmed and as undisciplined as the citizens of London are now. The French guards had given strong symptoms of their being attached to the national cause ; but their numbers were small, not a tenth part of the force that Broglio commanded, and their officers were in the interest of Broglio. ISIatters being now ripe for execution, the new JNIinistry made their appearance in office. The reader will carry in his mind, that the Bas- tille was taken the 14th of July; the point of time I am now speaking to, is the 12th. Imme- diately on the news of the change of the Ministry reaching Paris, in the afternoon, all the play- houses and places of entertainment, shops and houses, w^ere shut up. The change of ministry was considered as the prelude of hostilities, and the opinion was rightly founded. The foreign troops began to advance towards the city. The Prince de Lambesc, who commanded a body of German cavalry, ap- proached by the Place of Louis XV which con- nects itself with some of the streets. In his 31 WRITINGS OF THOMAS PAINE march he insulted and struck an old man with his sword. The French are remarkable for their respect to old age, and the insolence, with which it appeared to be done, uniting with the general fermentation they were in, produced a powerful effect, and a cry of To arms! to arms! spread itself in a moment over the whole city. 7^"^- Arms they had none, nor scarcely any who knew the use of them; but desperate resolution, when every hope is at stake, supplies for a while, the want of arms. Near where the Prince of Lambesc was drawn up, were large piles of stones collected for building the new bridge, and with these the people attacked the cavalry. A party of the French guards, upon hearing the firing, rushed from their quarters and joined the people; and night coming on, the cavalry re- treated. The streets of Paris, being narrow, are favor- able for defense; and the loftiness of the houses, consisting of many stories, from which great an- noyance might be given, secured them against nocturnal enterprises; and the night was spent in providing themselves with every sort of wea- pon they could make or procure: guns, swords, blacksmith's hammers, carpenter's axes, iron crows, pikes, halberds, pitchforks, spits, clubs, etc. 32 WRITINGS OF THOMAS PAINE The incredible numbers with which they as- sembled the next morning, and the still more incredible resolution they exhibited, embarrassed and astonished their enemies. Little did the new Ministry expect such a salute. Accustomed to slavery themselves, they had no idea that lib- -7 ' erty was capable of such inspiration, or that a body of unarmed citizens would dare to face the military force of thirty thousand men. Every moment of this day was employed in collecting arms, concerting plans, and arranging themselves into the best order which such an in- stantaneous movement could afford. Broglio continued lying round the city, but made no further advances this day, and the succeeding night passed with as much tranquillity as such a scene could possibly produce. But defense only was not the object of the citizens. They had a cause at stake, on which depended their freedom or their slavery. They every moment expected an attack, or to hear of one made on the National Assembly ; and in such a situation, the most prompt measures are some- times the best. The object that now presented itself was the Bastille; and the eclat of carrying such a fortress in the face of such an army, could not fail to 33 WRITINGS OF THOMAS PAINE strike a terror into the new Ministry, who had scarcely yet had time to meet. By some inter- cepted correspondence this morning, it was dis- covered that the Mayor of Paris, M. de Fles- selles, who appeared to be in their interest, was betraying them; and from this discovery, there remained no doubt, that BrogHo would reinforce the Bastille the ensuing evening. It was there- fore necessary to attack it that day; but before this could be done, it was first necessary to pro- cure a better supply of arms than they were then possessed of. There was, adjoining to the city, a large magazine of arms deposited at the Hospital of the Invalids, which the citizens summoned to surrender; and as the place was not defensible, nor attempted much defense, they soon suc- ceeded. Thus supphed, they marched to attack the Bastille, ; a vast, mixed multitude of all ages, and of all degrees, and armed with all sorts of weapons. Imagination would fail of describing to itself the appearance of such a procession, and of the anxiety for the events which a few hours or a few minutes might produce. What j)lans the Ministry was forming, were as unknown to the people within the city, as what 34 WRITINGS OF THOMAS PAINE the citizens were doing was unknown to the Min- istry; and what movements Brogho might make for the sujDport or relief of the place, were to the citizens equally as iniknown. All was mystery and hazard. That the Bastille was attacked with an en- thusiasm of heroism, such as only the highest animation of liberty could inspire, and carried in the space of a few hours, is an event which the world is fully possessed of. I am not undertak- ing a detail of the attack, but bringing into view the conspiracy against the nation which pro- voked it, and which fell with the Bastille. The prison to which the new Ministry was dooming the National Assembly, in addition to its being the high altar and castle of despotism, became the proper object to begin with. This enterprise broke up the new Ministry, who began now to fly from the ruin they had prepared for others. The troops of Broglio dispersed, and himself fled also. Mr. Burke has spoken a great deal about plots, but he has never once spoken of this plot against the National Assembly, and the liberties of the nation; and that he might not, he has passed over all the circumstances that might throw it in his way. 35 WRITINGS OF THOMAS PAINE The exiles who have fled from France, whose cause he so much interests himself in, and from whom he has had his lesson, fled in consequence of a miscarriage of this plot. No plot was formed against them: they were plotting against others; and those who fell, met, not unjustly, the punishment they were preparing to execute. But will Mr. Burke say, that if this plot, con- trived with the subtiHty of an ambuscade, had succeeded, the successful party would have re- strained their wrath so soon? Let the history of all old governments answer the question. Whom has the National Assembly brought to the scaffold? None. They were themselves the devoted victims of this plot, and they have not retaliated; why then are they charged with revenge they have not acted ? In the tremendous breaking forth of a whole people, in which all degrees, tempers and characters are con- founded, and delivering themselves, by a miracle of exertion, from the destruction meditated against them, is it to be expected that nothing will happen? ../ When men are sore with the sense of oppres- sions, and menaced with the prospect of new ones, is the calmness of philosophy, or the palsy of insensibility to be looked for? Mr. Burke 36 WRITINGS OF THOMAS PAINE exclaims against outrage ; yet the greatest is that which he has committed. His book is a volume of outrage, not apologized for by the impulse of a moment, but cherished through a space of ten months; yet Mr. Burke had no provocation, no life, no interest at stake. More of the citizens fell in this struggle than of their opponents ; but four or five persons were seized by the populace, and instantly put to death; the Governor of the Bastille, and the Mayor of Paris, who was detected in the act of betraying them; and afterwards Foulon, one of the new INIinistry, and Berthier, his son-in-law, who had accepted the office of Intendant of Paris. Their heads were stuck upon spikes, and carried about the city; and it is upon this mode of punishment that Mr. Burke builds a great part of his tragic scenes. Let us therefore exam- ine how men came by the idea of punishing in this manner. They learn it from the governments they live under; and retaliate the punishments they have been accustomed to behold. The head stuck upon spikes, which remained for years upon Temple Bar, differed nothing in the horror of the scene from those carried about on spikes at Paris : yet this was done by the English Government. 37 WRITINGS OF THOMAS PAINE It may perhaps be said, that it signifies nothing to a man what is done to him after he is dead; but it signifies much to the hving. It either tortures their feehngs, or it hardens their hearts; and in either case, it instructs them how to punish when power falls into their hands. Lay then the axe to the root, and teach gov- ernments humanity. It is their sanguinary pun- ishments which corrupt mankind. In England, the punishment in certain cases, is by hanging, drawing and quartering; the heart of the sufferer is cut out and held up to the view of the populace. In France, under the former government, the punishments were not less barbarous. Who does not remember the execution of-Damien, torn to pieces by horses? The effect of those cruel spectacles exhibited to the populace, is to destroy tenderness, or excite revenge, and by the base and false idea of governing men by terror, instead of reason, they become precedents. It is over the lowest class of mankind that government by terror is intended to operate, and it is on them that it operates to the worst effect. (They have sense enough to feel they are the objects aimed at; and they inflict in their turn the examples of terror they have been instructed to practise. 38 WRITINGS OF THOMAS PAINE There is in all European countries, a large class of people of that description which in Eng- land is called the " moh." Of this class were those who committed the burnings and devasta- tions in London in 1780, and of this class were those who carried the heads upon spikes in Paris. Foulon and Berthier were taken up in the country and sent to Paris, to undergo their exam- ination at the Hotel de Ville; for the National Assembly, immediately on the new Ministry com- ing into office, passed a decree which they com- municated to the King and the Cabinet, that they (the National Assembly) would hold the Minis- try, of whom Foulon was one, responsible for the measures they were advising and pursuing; but the mob, incensed at the appearance of Fou- lon and Berthier, tore them from their conduct- ors before they were carried to the Hotel de Ville, and executed them on the spot. Why then does Mr. Burke charge outrages of this kind on a w hole people ? As well may he charge the riots and outrages of 1780 on all the people of London, or those in Ireland on all his countrymen. But everything we see or hear offensive to our feelings and derogatory to the human char- acter, should lead to other reflections than those WRITINGS OF THOMAS PAINE of reproach. Even the beings who commit them have some claim to our consideration. How then is it that such vast classes of mankind as are dis- tinguished by the appellation of the \ailgar, or the ignorant, mob, are so numerous in aU old countries? The instant we ask ourselves this question, reflection finds an answer. They arise, as an unavoidable consequence, out of the ill construc- tion of all old governments in Europe, England included with the rest. It is by distortedly ex- alting some men, that others are distortedly de- based, till the whole is out of nature. A vast mass of mankind are degradedly thrown into the background of the human pic- ture, to bring forward, with greater glare, the puppet-show of state and aristocracy. In the commencement of a revolution, those men are rather the followers of the camp than of the standard of liberty, and have yet to be instructed how to reverence it. I give to Mr. Burke all his theatrical exag- gerations for facts, and I then ask him, if they do not estabhsh the certainty of what I here lay down? Admitting them to be true, they show the necessity of the French Revolution, as much as any one thing he could have asserted. 40 WRITINGS OF THOMAS PAINE These outrages are not the effect of the prin- ciples of the Revolution, but of the degraded mind that existed before the Revolution, and which the Revolution is calculated to reform. Place them then to their proper cause, and take the reproach of them to your own side. It is to the honor of the National Assembly, and the city of Paris, that during such a tremen- dous scene of arms and confusion, beyond the control of all authority, that they have been able, by the influence of example and exhortation, to restrain so much. Never were more pains taken to instruct and enlighten mankind, and to make them see that their interest consisted in their vir- tue, and not in their revenge, than what have been displayed in the Revolution of France. I now proceed to make some remarks on Mr. Burke's account of the expedition to Versailles, October the 5th and 6th. ''^ I cannot consider Mr. Burke's book in scarcely any other light than a dramatic per- formance ; and he must, I think, have considered it in the same light himself, by the poetical liber- ties he has taken of omitting some facts, distort- ing others, and making the machinery bend to produce a stage effect. Of this kind is his account of the expedition 41 WRITINGS OF THOMAS PAINE to Versailles. He begins this account by omitting the only facts, which, as causes, are known to be true; everything beyond these is conjecture, even in Paris: and he then works up a tale accommo- dated to his own passions and prejudices. It is to be observed throughout Mr. Burke's book, that he never speaks of plots against the Revolution; and it is from those plots that all the mischiefs have arisen. It suits his purpose to exhibit consequences without their causes. It is one of the arts of the drama to do so. If the crimes of men were exhibited with their suffer- ings, the stage effect would sometimes be lost, and the audience would be inclined to approve where it was intended they should commiserate. After all the investigations that have been made into this intricate affair, (the expedition to Versailles,) it still remains enveloped in all that kind of mystery which ever accompanies events produced more from a concurrence of awkward circumstances, than from fixed design. While the characters of men are forming, as is always the case in revolutions, there is a recip- rocal suspicion, and a disposition to misinterpret each other; and even parties directly opposite in principle, will sometimes concur in pushing for- ward the same movement with very different 42 WRITINGS OF THOMAS PAINE views, and with the hope of its producing very different consequences. A great deal of this may be discovered in this embarrassed affair, and yet the issue of the whole was what nobody had in view. The only things certainly known are, that considerable uneasiness was at this time excited in Paris by the delay of the King in not sanction- ing and forwarding the decrees of the National Assembly, particularly that of the Declaration of the Rights of Man, and the decrees of the fourth of August, which contained the founda- tion principles on which the Constitution was to be erected. The kindest, and perhaps the fairest, con- jecture upon this matter is, that some of the min- isters intended to make remarks and observa- tions upon certain parts of them, before they were finally sanctioned and sent to the provinces ; but be this as it may, the enemies of the Revolu- tion derived hopes from the delay, and the friends of the Revolution, uneasiness. During this state of suspense, the Garde du Corps, which was composed, as such regiments generally are, of persons much connected with the Court, gave an entertainment at Versailles (Oct. 1,) to some foreign regiments then ar- 43 WRITINGS OF THOMAS PAINE rived; and when the entertainment was at its height, on a signal given, the Garde du Corps tore the national cockade from their hats, trampled it under foot, and replaced it with a counter-cockade prepared for the purpose. An indignity of this kind amounted to de- fiance. It was like declaring war; and if men will give challenges, they must expect conse- quences. But all this Mr. Burke has carefully kept out of sight. He begins his account by saying, "History will record, that on the sixth of October, 1789, the King and Queen of France, after a day of confusion, alarm, dismay and slaughter, lay down under the pledged security of public faith, to indulge nature in a few hours of respite, and troubled, melancholy repose." This is neither the sober style of history, nor the intention of it. It leaves everything to be guessed at, and mistaken. One would at least think there had been a battle; and a battle there probably would have been, had it not been for the moderating prudence of those whom Mr. Burke involves in his censures. By his keeping the Garde du Corps out of sight, Mr. Burke has afforded himself the dramatic license of putting the King and Queen in their places, as if the ob- WRITINGS OF THOMAS PAINE ject of the expedition was against them. But to return to my account — This conduct of the Garde du Corps, as might well be expected, alarmed and enraged the Parisians. The colors of the cause, and the cause itself, were becoming too united to mistake the intention of the insult, and the Parisians were determined to call the Garde du Corps to an ac- count. There was certainly nothing of the cowardice of assassination in marching in the face of day to demand satisfaction (if such a phrase may be used) of a body of armed men who had vol- untarily given defiance. But the circumstance which serves to throw this affair into embar- rassment is, that the enemies of the Revolution appear to have encouraged it, as well as its friends. The one hoped to prevent a civil war by checking it in time, and the other to make one. The hopes of those opposed to the Revolution rested in making the King of their party, and getting him from Versailles to Metz, where they expected to collect a force, and set up a standard. We have therefore two different objects pre- senting themselves at the same time, and to be accomplished by the same means: the one, to 45 WRITINGS OF THOMAS PAINE chastise the Garde du Corps, which was the ob- ject of the Parisians; the other, to render the confusion of such a scene an inducement to the King to set off for Metz. On October the fifth, a very numerous body of women, and men in the disguise of women, collected around the Hotel de Ville or town-hall at Paris, and set off for Versailles. Their pro- fessed object was the Garde du Corps; but pru- dent men readily recollected that mischief is more easily begun than ended; and this im- pressed itself with the more force, from the sus- picions already stated, and the irregularity of such a cavalcade. As soon, therefore, as a sufficient force could be collected, M. de la Fayette, by orders from the civil authority of Paris, set off after them at the head of twenty thousand of the Paris militia. The Revolution could derive no benefit from confusion, and its opposers might. By an ami- able and spirited manner of address, he had hitherto been fortunate in calming disquietudes, and in this he was extraordinarily successful. To frustrate, therefore, the hopes of those who might seek to improve this scene into a sort of justifiable necessity for the King's quitting Versailles and withdrawing to Metz, and to pre- 46 WRITINGS OF THOMAS PAINE vent at the same time, the consequences that might ensue between the Garde dii Corps and this phalanx of men and women, he forwarded ex- presses to the King, that he was on his march to Versailles, at the orders of the civil authority of Paris, for the purpose of peace and protection, expressing at the same time, the necessity of re- straining the Garde du Corps from firing on the people.* He arrived at Versailles between ten and eleven at night. The Garde du Corps was drawn up, and the people had arrived some time before, but every thing had remained suspended. Wis- dom and policy now consisted in changing a scene of danger into a happy event. M. de la Fayette became the mediator between the en- raged parties; and the King, to remove the un- easiness which had arisen from the delay already stated, sent for the President of the National Assembly, and signed the Declaration of the Rights of Man, and such other parts of the Con- stitution as were in readiness. It was now about one in the morning. Every thing appeared to be composed, and a general congratulation took place. At the beat of drum * I am warranted in asserting this, as I had it personally from M. de la Fayette, with whom I have lived in habits of friendship for fourteen years. 47 WRITINGS OF THOMAS PAINE a proclamation was made, that the citizens of Versailles would give the hospitality of their houses to their fellow-citizens of Paris. Those who could not be accommodated in this manner, remained in the streets, or took up their quarters in the churches ; and at two o'clock the King and Queen retired. In this state, matters passed till the break of day, when a fresh disturbance arose from the censurable conduct of some of both parties, for such characters there will be in all such scenes. One of the Garde du Corps appeared at one of the windows of the palace, and the people, who had remained during the night in the streets, ac- costed him with reviling and provocative lan- guage. Instead of retiring, as in such a case prudence would have dictated, he presented his musket, fired, and killed one of the Paris militia. The peace being thus broken, the people rushed into the palace in quest of the offender. They attacked the quarters of the Garde du Corps within the palace, and pursued them through the avenues of it, and to the apartments of the King. On this tumult, not the Queen only, as Mr. Burke has represented it, but every person in the palace, was awakened and alarmed; and M. 48 WRITINGS OF THOMAS PAINE de la Fayette had a second time to interpose between the parties, the event of which was, that the Garde du Corps put on the national cockade, and the matter ended, as by oblivion, after the loss of two or three lives. During the latter part of the time in which this confusion was acting, the King and Queen were in pubhc at the balcony, and neither of them concealed for safety's sake, as Mr. Burke insinuates. Matters being thus appeased, and tranquillity restored, a general acclamation broke forth, of Le Roi a Paris — Le Roi a Paris — The King of Paris. It was the shout of peace, and imme- diately accepted on the part of the King. By this measure, all future projects of trapanning the King to Metz, and setting up the standard of opposition to the Constitution, were prevented, and the suspicions extinguished. The King and his family reached Paris in the evening, and were congratulated on their arrival by M. Bailley, the Mayor of Paris, in the name of the citizens. Mr. Burke, who throughout his book confounds things, persons, and principles, has in his remarks on M. Bailley 's address, con- founded time also. He censures M. Bailley for calling it, ''un bon jour" a good day. 49 WRITINGS OF THOMAS PAINE INIr. Burke should have informed himself, that this scene took up the space of two days, the day on which it began with every appearance of danger and mischief, and the day on which it terminated without the mischiefs that threatened ; and that it is to this peaceful termination that M. Bailley alludes, and to the arrival of the King at Paris. ' Not less than three hundred thousand per- sons arranged themselves in the procession from Versailles to Paris, and not an act of molestation was committed during the whole march. Mr. Burke, on the authority of M. Lally Tol- lendal, a deserter from the National Assembly, says, that on entering Paris, the people shouted, ''Tous les eveques a la lanterned' All Bishops to be hanged at the lantern or lamp-posts. It is surprising that nobody could hear this but Lally Tollendal, and that nobody should be- lieve it but ]Mr. Burke. It has not the least con- nection with any part of the transaction, and is totally foreign to every circumstance of it. The bishops have never been introduced be- fore into any scene of Mr. Burke's drama : Why then are they, all at once, and altogether, tout a coup et tous ensemble, introduced now? Mr. Burke brings forward his bishops and his lantern, 50 WRITINGS OF THOMAS PAINE like figures in a magic lantern, and raises his scenes by contrast instead of connection. But it serves to show, with the rest of his book, what little credit ought to be given, where even probability is set at defiance, for the pur- pose of defaming: and with this reflection, in- stead of a soliloquy in praise of chivalry, as ^Ir. Burke has done, I close the account of the expe- dition to Versailles.* I have now to follow Mr. Burke through a pathless wilderness of rhapsodies, and a sort of descant upon governments, in which he asserts whatever he pleases, on the presumption of its being believed, without offering either evidence or reasons for so doing. Before anj'thing can be reasoned upon to a conclusion, certain facts, principles, or data, to reason from, must be established, admitted, or denied. Mr. Burke, with his usual outrage, abuses the Declaration of the Rights of Man, published by the National Assembly of France, as the basis on which the Constitution of France is built. This he calls "paltry and blurred sheets of paper about the rights of man." Does Mr. Burke mean to deny that 7na7i has * An accoiint of the expedition to Versailles may be seen in No. 13, of the " Revolution de Paris," containing the events from the 3d to the 10th of October, 1789. 51 WRITINGS OF THOMAS PAINE any rights? If he does, then he must mean that there are no such things as rights any where, and that he has none himself; for who is there in the world but man? But if Mr. Burke means to admit that man has rights, the question then wiU be, what are those rights, and how came man by them originally? The error of those who reason by precedents drawn from antiquity, respecting the rights of man, is that they do not go far enough into an- tiquity. They do not go the whole way. They stop in some of the intermediate stages of an hundred or a thousand years, and produce what was then done as a rule for the present day. This is no authority at all. If we travel stiU further into antiquity, we shall find a directly contrary opinion and prac- tise prevailing; and, if antiquity is to be author- ity, a thousand such authorities may be produced, successively contradicting each other; but if we proceed on, we shall at last come out right; we shall come to the time when man came from the hand of his Maker. What was he then? Man. Man was his high and only title, and a higher cannot be given him. But of titles I shall speak hereafter. We have now arrived at the origin of man, 52 WRITINGS OF THOMAS PAINE and at the origin of his rights. As to the manner in which the world has been governed from that day to this, it is no further any concern of ours than to make a proper use of the errors or the improvements which the history of it presents. Those who lived a hundred or a thousand years ago, were then moderns as we are now. They had their ancients, and those ancients had others, and we also shall be ancients in our turn. If the mere name of antiquity is to govern in the affairs of hfe, the people who are to live an hundred or a thousand years hence, may as well take us for a precedent, as we make a precedent of those who lived an hundred or a thousand years ago. The fact is, that portions of antiquity, by proving every thing, estabhsh nothing. It is authority against authority all the way, till we come to the divine origin of the rights of man, at the Creation. Here our inquiries find a resting- place, and our reason finds a home. If a dispute about the rights of man had arisen at a distance of an hundred years from the Creation, it is to this source of authority they must have referred, and it is to the same source of authority that we must now refer. Though I mean not to touch upon any sec- 53 ^^ WRITINGS OF THOMAS PAINE tarian principle of religion, yet it may be worth observing, that the genealogy of Christ is traced to Adam. Why then not trace the rights of man to the creation of man? I will answer the question. Because there have been upstart gov- ernments, thrusting themselves between, and pre- sumptuously working to un-mdke man. If any generation of men ever possessed the right of dictating the mode by which the world should be governed for ever, it was the first generation that existed; and if that generation did it not, no succeeding generation can show any authoritj'^ for doing it, nor can set any up. The illuminating and divine principle of the equal rights of man, (for it has its origin from the Maker of man) , relates not only to the living individuals, but to generations of men succeed- ing each other. Every generation is equal in rights to the generations which preceded it, by the same rule that every individual is born equal in rights with his contemporary. Every history of the Creation, and every tra- ditionary account, whether from the lettered or unlettered world, however they may vary in their opinion or belief of certain particulars, all agree in establishing one point, the unity of man; by which I mean that men are all of one degree, and 54 WRITINGS OF THOMAS PAINE consequently that all men are born equal, and with equal natural rights, in the same manner as if posterity had been continued by creation in- stead of generation, the latter being only the mode by which the former is carried forward; and consequently, every child born into the world must be considered as deriving its exist- ence from God. The world is as new to him as it was to the first man that existed, and his nat- ural right in it is of the same kind. The JVIosaic account of the Creation, whether taken as divine authority or merely historical, is full to this point, tlie unity or equality of man. The expressions admit of no controversy. "And God said, let us make man in our own image. In the image of God created he him; male and fe- male created he them." The distinction of sexes is pointed out, but no other distinction is even implied. If this be not divine authority, it is at least historical authority, and shows that the equality of man, so far from being a modern doctrine, is the oldest upon record. It is also to be observed, that all the religions known in the world are founded, so far as they relate to man, on the unity of man, as being all of one degree. Whether in heaven or in hell, or in whatever state man may be supposed to exist 55 WRITINGS OF THOMAS PAINE hereafter, the good and the bad are the only dis- tinctions. Nay, even the laws of governments are obliged to shde into this principle, by mak- ing degrees to consist in crimes and not in persons. It is one of the greatest of all truths, and of the highest advantage to cultivate. By consider- ing man in this light, and by instructing him to consider himself in this light, it places him in a close connection with all his duties, whether to his Creator or to the creation, of which he is a part; and it is only when he forgets his origin, or, to use a more fashionable phrase, his birth and fam- ily, that he becomes dissolute. It is not among the least of the evils of the present existing governments in all parts of Eu- rope, that man, considered as man, is thrown back to a vast distance from his Maker, and the artificial chasm filled up by a succession of bar- riers, or a sort of turnpike gates, through which he has to pass. I will quote Mr. Burke's catalogue of bar- riers that he has set up between man and his Maker. Putting himself in the character of a herald, he says — "We fear God — we look with awe. to kings — with affection to parliaments — with duty to magistrates — with reverence to 56 WRITINGS OF THOMAS PAINE priests, and with respect to nobility." Mr. Burke has forgotten to put in "chivalry." He has also forgotten to put in Peter. The duty of man is not a wilderness of turn- pike gates, through which he is to pass by tickets from one to the other. It is plain and simple, and consists but of two points. His duty to God, which every man must feel; and with respect to his neighbor, to do as he would be done by. If those to whom power is delegated do well, they will be respected; if not, they will be de- spised; and with regard to those to whom no power is delegated, but who assume it, the ra- tional world can know nothing of them. Hitherto we have spoken only (and that but in part) of the natural rights of man. We have now to consider the civil rights of man, and to show how the one originates from the other. Man did not enter into society to become worse than he was before, nor to have fewer rights than he had before, but to have those rights better secured. His natural rights are the foundation of all his civil rights. But in order to pursue this distinction with more precision, it is neces- sary to make the different qualities of natural and civil rights. A few words wiU explain this. Natural 57 WRITINGS OF THOMAS PAINE rights are those which appertain to man in right of his existence. Of this kind are all the intel- lectual rights, or rights of the mind, and also all those rights of acting as an individual for his own comfort and happiness, which are not in- jurious to the natural rights of others. — Civil rights are those which appertain to man in right of his being a member of society. Every civil right has for its foundation some natural right pre-existing in the individual, but to the enjoyment of which his individual power is not, in all cases, sufficiently competent. Of this kind are all those which relate to security and protection. From this short review, it will be easy to dis- tinguish between that class of natural rights which man retains after entering into society, and those which he throws into the common stock as a member of society. The natural rights which he retains, are all those in which the power to execute is as perfect in the individual as the right itself. Among this class, as is before mentioned, are all the intellect- ual rights, or rights of the mind: consequently, religion is one of those rights. The natural rights which are not retained, are all those in which, though the right is per- 58 WRITINGS OF THOMAS PAINE feet in the individual, the power to execute them is defective. They answer not his purpose. A man, by natural right, has a right to judge in his own cause; and so far as the right of the mind is concerned, he never surrenders it: but what availeth it him to judge, if he has not power to redress? He therefore deposits his right in the common stock of society, and takes the arm of society, of which he is a part, in preference and in addition to his own. Society grants him nothing. Every man is proprietor in society, and draws on the capital as a matter of right. From these premises, two or three certain conclusions will follow. First, That every civil right grows out of a natural right; or, in other words, is a natural right exchanged. Secondly, That civil power, properly consid- ered as such, is made up of the aggregate of that class of the natural rights of man, which becomes defective in the individual in point of power, and answers not his purpose, but when collected to a focus, becomes competent to the purpose of every one. Thirdly, That the power produced from the aggregate of natural rights, imperfect in power in the individual, cannot be applied to invade the 59 WRITINGS OF THOMAS PAINE natural rights which are retained in the individ- ual, and in which the power to execute is as per- fect as the right itself. We have now, in a few words, traced man from a natural individual to a member of society, and shown, or endeavored to show, the quality of the natural rights retained, and those which are exchanged for civil rights. Let us now ap- ply those principles to governments. In casting our eyes over the world, it is ex- tremely easy to distinguish the governments which have arisen out of society, or out of the social compact, from those which have not : but to place this in a clearer light than what a single glance may afford, it will be proper to take a review of the several sources from which the gov- ernments have arisen, and on which they have been founded. They may be all comprehended under three heads. First, superstition. Secondly, power. Thirdly, the common interests of society, and the common rights of man. The first was a government of priestcraft, the second of conquerors, and the tliird of reason. When a set of artful men pretended, through the medium of oracles, to hold intercourse with the Deity, as famiharly as they now march up 60 WRITINGS OF THOMAS PAINE the back-stairs in European courts, the world was completely under the government of super- stition. The oracles were consulted, and what- ever they were made to say, became the law ; and this sort of government lasted as long as this sort of superstition lasted. After these a race of conquerors arose, whose government, like that of William the Conqueror, was founded in power, and the sword assumed the name of a sceptre. Governments thus es- tablished, last as long as the power to support them lasts; but that they might avail themselves of every engine in their favor, they united fraud to force, and set up an idol which they called Divine Rights and which, in imitation of the Pope, who affects to be spiritual and temporal, and in contradiction to the Founder of the Chris- tian religion, twisted itself afterwards into an idol of another shape, called Church and State. The key of St. Peter, and the key of the Treas- ury, became quartered on one another, and the wondering, cheated multitude worshipped the invention. When I contemplate the natural dignity of man; when I feel (for Nature has not been kind enough to me to blunt my feelings) for the honor and happiness of its character, I become irritated 61 WRITINGS OF THOMAS PAINE at the attempt to govern mankind by force and fraud, as if they were all knaves and fools, and can scarcely avoid disgust at those who are thus imposed upon. We have now to review the governments which arise out of society, in contradistinction to those which arose out of superstition and con- quest. It has been thought a considerable advance toward establishing the principles of freedom, to say, that government is a compact between those who govern and those who are governed: but this cannot be true, because it is putting the effect before the cause; for as man must have existed before governments existed, there neces- sarily was a time when governments did not exist, and consequently there could originally exist no governors to form such a compact with. A, The fact therefore must be, that the individ- uals themselves, each in his own personal and sov- ereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on whicH they have a right to exist. To possess ourselves of a clear idea of what government is, or ought to be, we must trace it 62 WRITINGS OF THOMAS PAINE to its origin. In doing this, we shall easily dis- cover that governments must have arisen, either out of the people, or over the people. INIr. Burke has made no distinction. He investigates nothing to its source, and therefore he confounds every thing; but he has signified his intention of undertaking at some future opportunity, a comparison between the constitutions of England and France. As he thus renders it a subject of controversy by throwing the gauntlet, I take him upon his own ground. It is in high challenges that high truths have the right of appearing ; and I accept it w4th the more readiness, because it affords me, at the same time, an opportunity of pursuing the subject with respect to governments arising out of society. But it will be first necessary to define what is meant by a constitution. It is not sufficient that we adojit the word ; we must fix also a stand- ard signification to it. A constitution is not a thing in name only, but in fact. It has not an ideal, but a real exist- ence; and wherever it cannot be produced in a visible form, there is none. A constitution is a thing antecedent to a government, and a govern- ment is only the creature of a constitution. The 63 WRITINGS OF THOMAS PAINE constitution of a country is not the act of its government, but of the people constituting a government. It is the body of elements, to which you can refer, and quote article by article ; and which con- tains the principles on which the government shall be established, the manner in which it shall be or- ganized, the powers it shall have, the mode of elections, the duration of parliaments, or by what other name such bodies may be called ; the powers which the executive part of the government shall have; and, in fine, every thing that relates to the complete organization of a civil government, and the principles on which it shall act, and by which it shaU be bound. A constitution, therefore, is to a government, what the laws made afterwards by that govern- ment are to a court of judicature. The court of judicature does not make the laws, neither can it alter them; it only acts in conformity to the laws made: and the government is in like man- ner governed by the constitution. Can then Mr. Burke produce the English Constitution? If he cannot, we may fairly con- clude, that though it has been so much talked about, no such tiling as a constitution exists, or ever did exist, and consequently that the people 64 WRITINGS OF THOMAS PAINE have yet a constitution to form. Mr. Burke wiU not, I presume, deny the position I have abeady advanced ; namely, that governments arise, either out of the people, or over the people. The Eng- lish Government is one of those which arose out of a conquest, and not out of society, and conse- quently it arose over the people; and though it has been much modified from the opportunity of circumstances since the time of William the Con- queror, the country has never yet regenerated itself, and is therefore without a constitution. I readily perceive the reason why Mr. Burke declined going into the comparison between the English and French constitutions, because he could not but perceive, when he sat down to the task, that no such thing as a constitution existed on his side the question. His book is certainly bulky enough to have contained all he could say on this subject, and it would have been the best manner in which people could have judged of their separate merits. Why then has he declined the only thing that was worth while to write upon? It was the strongest ground he could take, if the advantages were on his side; but the weakest, if they were not; and his declining to take it, is either a sign that he could not possess it, or could not main- 65 WRITINGS OF THOMAS PAINE tain it. INIr. Burke said in a speech last winter in Parliament, That when the National Assembly first met in three Orders, (the Tiers Etats, the Clergy, and the Noblesse,) France had then a good constitution. This shows, among numer- ous other instances, that Mr. Burke does not understand what a constitution is. The persons so met, were not a constitution, but a convention, to make a constitution. The present National Assembly of France is, strictly speaking, the personal social compact. The members of it are the delegates of the nation in its original character; future assemblies will be the delegates of the nation in its organized character. The authority of the present Assembly is different to what the authority of future assem- blies wiU be. The authority of the present one is to form a constitution ; the authority of future assemblies will be to legislate according to the principles and forms prescribed in that constitu- tion; and if experience should hereafter show that alterations, amendments, or additions are necessary, the constitution will point out the mode by which such things shall be done, and not leave it to the discretionary power of the future government. 66 WRITINGS OF THOMAS PAINE A government on the principles on which constitutional governments, arising out of so- ciety are estahlished, cannot have the right of altering itself. If it had, it would be arbitrary. It might make itself what it pleased; and wherever such a right is set up, it shows that there is no constitution. The act by which the English Parliament em- powered itself to sit for seven years, shows there is no constitution in England. It might, by the same self authority, have set any greater number of years or for life. The bill which the present Mr. Pitt brought into Parliament some years ago, to reform Parliament, was on the same erroneous principle. The right of reform is in the nation in its original character, and the constitutional method would be by a general convention elected for the purpose. There is, moreover, a paradox in the idea of vitiated bodies reforming themselves. From these preliminaries I proceed to draw some comparisons. I have already spoken of the Declaration of Rights; and as I mean to be as concise as possible, I shall proceed to other parts of the French Constitution. The Constitution of France says, that every man who pays a tax of sixty sous per annum {2s. 67 WRITINGS OF THOMAS PAINE and 6 d. English) is an elector. What article wiU Mr. Burke place against this? Can any thing be more limited, and at the same time more capricious, than what the qualifications are in England? Limited — because not one man in a hundred (I speak much within compass) is admitted to vote: capricious — because the lowest character that can be supposed to exist, and who has not so much as the visible means of an honest live- lihood, is an elector in some places while, in other places, the man who pays very large taxes, and with a known fair character, and the farmer who rents to the amount of three or four hundred pounds a year, and with a property on that farm to three or four times that amount, is not ad- mitted to be an elector. Every thing is out of nature, as Mr. Burke says on another occasion, in this strange chaos, and all sorts of follies are blended with all sorts of crimes. WiUiam the Conqueror, and his de- scendants, parcelled out the country in this man- ner, and bribed one part of it by what they called charters, to hold the other parts of it the better subjected to their will. This is the reason why so many of those charters abound in Cornwall. The people were averse to the government es- 68 WRITINGS OF THOMAS PAINE tablished at the Conquest, and the towns were garrisoned and bribed to enslave the country. All the old charters are the badges of this con- quest, and it is from this source that the capriciousness of election arises. The French Constitution says, that the num- ber of representatives for any place shall be in a ratio to the number of taxable inhabitants or electors. What article will Mr. Burke place against this? The county of Yorkshire, which contains near a million souls, sends two county members; and so does the county of Rutland, which contains not a hundredth part of that number. The town of old Sarum which contains not three houses, sends two members; and the town of Manchester, which contains upward of sixty thousand souls, is not admitted to send any. Is there any principle in these things? Is there any thing by which you can trace the marks of free- dom or discover those of wisdom? No wonder, then, Mr. Burke has declined the comparison, and endeavored to lead his readers from the point by a wild, unsystematical display of paradoxial rhapsodies. The French Constitution says, that the Na- tional Assembly shall be elected every two years. 69 WRITINGS OF THOMAS PAINE What article will ]Mr. Burke place against this? Why, that the nation has no right at all in the case: that the Government is perfectly arbitrary with respect to this point; and he can quote for his authority the precedent of a former parlia- ment. The French Constitution says, there shall be no game laws; that the farmer on whose land wild game shall be found (for it is by the produce of those lands they are fed) shall have a right to what he can take. That there shall be no monopolies of any kind, that all trades shall be free, and every man free to follow any occu- pation by which he can procure an honest liveli- hood, and in any place, town, or city, throughout the nation. What will Mr. Burke say to this? In England game is made the property of those at whose expense it is not fed; and with respect to monopolies, the country is cut up into monopolies. Every chartered town is an aristo- cratic monopoly in itself, and the qualification of electors proceeds out of those chartered monopo- lies. Is this freedom? Is this what Mr. Burke means by a constitution? In these chartered monopolies, a man coming from another part of the country is hunted from them as if he were a foreign enemy. An Eng- 70 WRITINGS OF THOMAS PAINE lishman is not free in his own country: Every one of those places presents a barrier in his way, and tells him he is not a freeman — that he has no rights. Within these monopolies are other monopo- lies. In a city, such for instance, as Bath, which contains between twenty and thirty thousand in- habitants, the right of electing representatives to Parliament is monopolized by about thirty- one persons. And within these monopolies are still others. A man, even of the same town, whose parents were not in circumstances to give him an occupation, is debarred, in many cases, from the natural right of acquiring one, be his genius or industry what it may. Are these things examples to hold out to a country regenerating itself from slavery, like France? Certainly they are not; and certain am I, that when the people of England come to re- flect upon them, they will, like France, annihilate those badges of ancient oppression, those traces of a conquered nation. Had Mr. Burke possessed talents similar to the author of "On the Wealth of Nations," he would have comprehended all the parts which enter into, and, by assemblage, form a constitu- tion. He would have reasoned from minutiae to 71 WRITINGS OF THOMAS PAINE magnitude. It is not from his prejudices only, but from the disorderly cast of his genius, that he is unfitted for the subject he writes upon. Even his genius is without a constitution. It is a genius at random, and not a genius consti- tuted. But he must say something. — He has therefore mounted in the air like a balloon, to draw the eyes of the multitude from the ground they stand upon. Much is to be learned from the French Con- stitution. Conquest and tyranny transplanted themselves with WiUiam the Conqueror from Normandy into England, and the country is yet disfigured with the marks. May then the ex- ample of all France contribute to regenerate the freedom which a province of it destroyed! The French Constitution says. That to pre- serve the national representation from being cor- rupt, no member of the National Assembly shall be an officer of the government, a place-man, or a pensioner. — What will Mr. Burke place against this? I will whisper his answer: Loaves and Fishes. Ah! this government of loaves and fishes has more mischief in it than people have yet reflected on. The National Assembly has made the dis- covery, and it holds out the example to the world. 72 WRITINGS OF THOMAS PAINE Had governments agreed to quarrel on purpose to fleece their countries by taxes, they could not have succeeded better than they have done. Many things in the English Government ap- pear to me the reverse of what they ought to be, and of what they are said to be. The Par- liament, imperfectly and capriciously elected as it is, is nevertheless supposed to hold the national purse in trust for the nation: but in the manner in which an English parliament is constructed, it is like a man being both mortgager and mort- gagee ; and in the case of misapplication of trust, it is the criminal sitting in judgment upon him- self. If those who vote the supplies are the same persons who receive the supplies when voted, and are to account for the expenditure of those sup- plies who voted them, it is themselves accountable to themselves^ and the Comedy of Errors con- cludes with the Pantomime of Hush. Neither the ministerial party, nor the opposition, will touch upon this case. The national purse is the common hack which each mounts upon. It is like what the country people call, "Ride and tie • — You ride a little way, and then I."* — They order these things better in France. * It is a practise in some parts of the country, when two trav- 73 WRITINGS OF THOMAS PAINE The French Constitution says, that the right of war and peace is in the nation. Where else should it reside but in those who are to pa}^ the expense? In England, this right is said to reside in a metaphor, shown at the Tower for six-pence or a shilling a-piece : So are the lions ; and it would be a step nearer to reason to say it resided in them, for any inanimate metaphor is no more than a hat or a cap. We can all see the absurdity of worshipping Aaron's molten calf, or Neb- uchadnezzar's golden image; but why do men continue to practise on themselves the absurdities they despise in others? It may with reason be said, that in the manner the English nation is represented, it signifies not where this right resides, whether in the Crown or in the Parliament. War is the common har- vest of all those who participate in the division and expenditure of public money, in all coun- tries. It is the art of conquering at home: the object of it is an increase of revenue; and as revenue ellers have but one horse, which like the national purse wiU not carry double, that the one mounts and rides two or three miles a-head, and then ties the horse to a gate, and walks on. When the second traveller arrives, he takes the horse, rides on, and passes his companion a mile or two, and ties again; and so on — I?»de and tie. 74 WRITINGS OF THOMAS PAINE cannot be increased without taxes, a pretense must be made for expenditures. In reviewing the history of the EngHsh Government, its wars and its taxes, a bystander, not bh'nded by pre- judice, nor warped by interest, w^ould declare, that taxes were not raised to carry on wars, but that wars were raised to carry on taxes. Mr. Burke, as a member of the House of Commons, is a part of the English Government ; and though he professes himself an enemy to war, he abuses the French Constitution, which seeks to explode it. He holds up the English Government as a model in all its parts, to France; but he should first know the remarks which the French make upon it. They contend, in favor of their own, that the portion of liberty enjoyed in England, is just enough to enslave a country by, more pro- ductively than by despotism ; and that as the real object of all despotism is revenue, a government so formed obtains more than it could do either by direct despotism, or in a full state of freedom, and is therefore, on the ground of interest, op- posed to both. They account also for the readiness which always appears in such governments for engag- ing in wars, by remarking on the different mo- 75 WRITINGS OF THOMAS PAINE tlves which produce them. In despotic govern- ments, wars are the effect of pride; but in those governments in which they become the means of taxation, they acquire thereby a more permanent promptitude. The French Constitution, therefore, to pro- vide against both these evils, has taken away the power of declaring war from kings and minis- ters, and placed the right where the expense must fall. When the question on the right of war and peace was agitating in the National Assembly, the people of England appeared to be much in- terested in the event, and highly to applaud the decision. — As a principle, it applies as much to one country as to another. Wilham the Con- queror, as a conqueror J held this power of war and peace in himself, and his descendants have ever since claimed it under him as a right. Although Mr. Burke has asserted the right of the Parliament at the Revolution to bind and control the nation and posterity for ever, he de- nies, at the same time, that the Parliament or the nation had any right to alter what he calls the succession of the Crown, in any thing but in part, or by a sort of modification. By his taking this ground, he throws the case 76 WRITINGS OF THOMAS PAINE back to the Norman Conquest; and by thus run- ning a hne of succession springing from Wil- liam the Conqueror to the present day, he makes it necessary to inquire who and what William the Conqueror was, and where he came from ; and into the origin, history, and nature of what are called prerogatives. Every thing must have had a beginning, and the fog of time and antiquity should be pene- trated to discover it. Let then Mr. Burke bring forward his William of Normandy, for it is to this origin that his argument goes. It also un- fortunately happens, in running this line of suc- cession, that another line, parallel thereto, pre- sents itself, which is, that if the succession runs in the line of the Conquest, the nation runs in the line of being conquered, and it ought to res- cue itself from this reproach. But it will perhaps be said, that though the power of declaring war descends in the heritage of the Conquest, it is held in check by the right of the Parliament to withhold the supplies. It will always happen, when a thing is originally wrong, that amendments do not make it right; and it often happens, that they do as much mischief one way as good the other: and such is the case here; for if the one rashly declares war as a matter of 77 WRITINGS OF THOMAS PAINE right, and the other peremptorily witliholds the supplies as a matter of right, the remedy becomes as bad, or worse than the disease. The one forces the nation to a combat, and the other ties its hands: But the more probable issue is, that the contest will end in a collusion between the parties, and be made a screen to both. On this question of war, three things are to be considered. First, the right of declaring it: Secondly, the expense of supporting it: Thirdly, the mode of conducting it after it is declared. The French Constitution places the right where the expense must fall, and this union can be only in the nation. The mode of conducting it after it is declared, it consigns to the executive depart- ment. Were this the case in all countries, we should hear but little more of wars. Before I proceed to consider other parts of the French Constitution, and by way of relieving the fatigue of argument, I will introduce an anecdote which I had from Dr. Franklin. While the Doctor resided in France, as min- ister from America, during the war, he had numerous proposals made to him by projectors of every country and of every kind, who wished to go to the land that floweth with milk and honey, America; and among the rest, there was 7.8 WRITINGS OF THOMAS PAINE one who offered himself to be king. He intro- duced his proposal to the Doctor by letter, which is now in the hands of M. Beaumarchais, of Paris — stating, first, that as the Americans had dismissed or sent away * their king, they would want another. Secondly, that himself was a Norman. Thirdly, that he was of a more ancient family than the Dukes of Normandy, and of a more honorable descent, his line having never been bastardized. Fourthly, that there was al- ready a precedent in England, of kings coming out of Normandy ; and on these grounds he rested his offer, enjoining that the Doctor would for- ward it to America. But as the Doctor did neither this, nor yet sent him an answer, the projector wrote a second letter; in which he did not, it is true, threaten to go over and conquer America, but only, with great dignity, proposed, that if his offer was not accepted, an acknowledgement of about £30,000 might be made to him for his gener- osity ! Now, as all arguments respecting succession must necessarily connect that succession with some beginning, Mr. Burke's arguments on this subject go to show that there is no English origin * The word he used was renvoyi, dismissed or sent away. 79 WRITINGS OF THOMAS PAINE of kings, and that they are descendants of the Norman hne in right of the Conquest. It may, therefore, be of service to his doc- trine to make this story known, and to inform him that in case of that natural distinction to which all mortality is subject, kings may again be had from Normandy, on more reasonable terms than William the Conqueror; and consequently, that the good people of England, at the Revolu- tion of 1688, might have done much better, had such a generous Norman as this known their wants, and they his. The chivalric character which Mr. Burke so much admires, is certainly much easier to make a bargain with than a hard-dealing Dutchman. But to return to the matters of the Constitu- tion.— The French Constitution says, there shall he no titles; and of consequence, all that class of equivocal generation, which in some countries is called "aristocracy/^ and in others ''nobility/' is done away, and the peer is exalted into man. Titles are but nicknames, and every nick- name is a title. The thing is perfectly harmless in itself, but it marks a sort of foppery in the human character which degrades it. It renders man diminutive in things which are great, and 80 WRITINGS OF THOMAS PAINE the counterfeit of woman in things which are ht- tle. It talks about its fine blue riband like a girl, and shows its new garter like a child. A certain writer, of some antiquity, says, "When I was a child, I thought as a child: but when I became a man, I put away childish things." It is, properly, from the elevated mind of France, that the folly of titles has been abolished. It has outgrown the babyclothes of count and duke, and breeched itself in manhood. France has not levelled, it has exalted. It has put down the dwarf to set up the man. The insignificance of a senseless word like duke, count, or earl, has ceased to please. Even those who possessed them, have disowned the gibberish, and, as they outgrew the rickets, have despised the rattle. The genuine mind of man, thirsting for its native home, society, contemns the gewgaws that separate him from it. Titles are like circles drawn by the magician's wand, to contract the sphere of man's felicity. He lives immured within the Bas- tille of a word, and surveys at a distance the en- vied life of man. Is it then any wonder that titles should fall in France? Is it not a greater wonder they should be kept up anywhere? What are they? What is their worth, and "what is their amount?" 81 WRITINGS OF THOMAS PAINE When we think or speak of a judge or a gen- eral, we associate with it the ideas of office and character; we think of gravity in the one, and bravery in the other; but when we use a word merely as a title, no ideas associate with it. Through all the vocabulary of Adam, there is no such an animal as a duke or a count; neither can we connect any idea to the words. Whether they mean strength or weakness, wisdom or folly, a child or a man, or a rider or a horse, is all equi- vocal. What respect then can be paid to that which describes nothing, and which means nothing? Imagination has given figure and character to centaurs, satyrs, and down to all the fairy tribe; but titles baffle even the powers of fancy, and are a chimerical nondescript. But this is not all. If a whole country is dis- posed to hold them in contempt, all their value is gone, and none will own them. It is common opinion only that makes them any thing or nothing, or worse than nothing. There is no oc- casion to take titles away, for they take them- selves away when society concurs to ridicule them. This species of imaginary consequence has visibly declined in every part of Europe, and it hastens to its exit as the world of reason con- tinues to rise. 82 WRITINGS OF THOMAS PAINE There was a time when the lowest class of what are called nobihty, was more thought of than the highest is now, and when a man in armor riding through Christendom in search of adven- ture was more stared at than a modern duke. The world has seen this folly fall, and it has fallen by being laughed at, and the farce of titles will follow its fate. The patriots of France have discovered in good time, that rank and dignity in society must take a new ground. The old one has fallen through. It must now take the substantial ground of character, instead of the chimerical ground of titles; and they have brought their titles to the altar, and made of them a burnt- offering to Reason. If no mischief had annexed itself to the folly of titles, they would not have been worth a se- rious and formal destruction, such as the Na- tional Assembly have decreed them: and this makes it necessary to inquire further into the nature and character of aristocracy. That, then, which is called aristocracy in some countries, and nobihty in others, arose out of the governments founded upon conquest. It was originally a military order, for the purpose of supporting military government; (for such were 83 WRITINGS OF THOMAS PAINE all governments founded in conquest), and to keep up a succession of this order for the pur- pose for which it was established, all the younger branches of those families were disinherited, and the law of primogenitureship set up. The nature and character of aristocracy shows itself to us in this law. It is a law against every law of nature, and nature herself calls for its destruction. Establish family justice, and aristocracy falls. By the aristocratical law of primogenitureship, in a family of six children, five are exposed. Aristocracy has never more than one child. The rest are begotten to be de- voured. They are thrown to the cannibal for prey, and the natural parent prepares the un- natural repast. As every thing which is out of nature in man, affects, more or less, the interest of society, so does this. All the children which the aristocracy disowns (which are all, except the eldest) are, in general, cast like orphans on a parish, to be pro- vided for by the public, but at a greater charge. Unnecessary offices and places in governments and courts are created at the expense of the pub- lic, to maintain them. With what kind of parental reflections can the father or mother contemplate their younger 84 WRITINGS OF THOMAS PAINE oif spring? By nature they are children, and by marriage they are heirs; but by aristocracy they are bastards and orphans. They are the flesh and blood of their parents in one line, and nothing akin to them in the other. To restore, therefore, parents to their children, and children to their parents — relations to each other, and man to so- ciety— and to exterminate the monster, aristoc- racy, root and branch — the French Constitution has destroyed the law of Primogenitureship. Here then lies the monster; and Mr. Burke, if he pleases, may write its epitaph. Hitherto we have considered aristocracy chiefly in one point of view. We have now to consider it in another. But whether we view it before or behind, or sideways, or any way else, domestically or publicly, it is still a monster. In France, aristocracy has one feature less, in its countenance, than what it has in some other countries. It did not compose a body of heredi- tary legislators. It was not " a corporation of aristocracy," for such I have heard M. de la Fay- ette describe an English House of Peers. Let us then examine the grounds upon which the French Constitution has resolved against having such a House in France. Because, in the fii'st place, as is already men- 85 WRITINGS OF THOMAS PAINE tioned, aristocracy is kept up by family tjrranny and injustice. Secondly, Because there is an unusual unfit- ness in an aristocracy to be legislators for a nation. Their ideas of distributive justice are corrupted at the very source. They begin life by trampling on all their younger brothers and sis- ters, and relations of everj^ kind, and are taught and educated so to do. With what ideas of jus- tice or honor can that man enter a house of leg- islation, who absorbs in his own person the in- heritance of a whole family of children, or doles out to them some pitiful portion with the inso- lence of a gift? Thirdly, Because the idea of hereditary leg- islators is as inconsistent as that of hereditary judges, or hereditary juries; and as absurd as an hereditary mathematician, or an hereditary wise man; and as ridiculous as an hereditary poet- laureate. Fourthly, Because a body of men holding themselves accountable to nobody, ought not to be trusted by any body. Fifthly, Because it is continuing the uncivil- ized principles of the governments founded in conquest, and the base idea of man having prop- erty in man, and governing him by personal right. 86 WRITINGS OF THOMAS PAINE Sixthly, Because aristocracy has a tendency to degenerate the human species. By the uni- versal economy of nature it is known, and by the instance of the Jews it is proved, that the human species has a tendency to degenerate, in any small number of persons, when separated from the general stock of society, and intermarrying con- stantly with each other. It defeats even its pretended end, and becomes in time the opposite of what is noble in man. INIr. Burke talks of nobility; let him show what it is. The greatest characters the world has known, have risen on the democratic floor. Aristocracy has not been able to keep a proportionate pace with democracy. The artificial Noble shrinks into a dw^arf be- fore the Noble of Nature; and in the few in- stances of those (for there are some in all coun- tries) in whom nature, as by a miracle, has sur- vived in aristocracy, those men despise it. But it is time to proceed to a new subject. The French Constitution has reformed the condition of the clergy. It has raised the income of the lower and middle classes, and taken from the higher. None is now less than twelve hun- dred livres (fifty pounds sterling), nor any higher than about two or three thousand pounds. 87 WRITINGS OF THOMAS PAINE What will Mr. Burke place against this? Hear what he says: He says, "That the people of England can see without pain or grudging, an archbishop pre- cede a duke; they can see a bishop of Durham, or a bishop of Winchester, in possession of ^10,- 000 a year; and cannot see why it is in worse hands than estates to the like amount in the hands of this earl or that 'squire." And Mr. Burke offers this as an example to France. As to the first part, whether the archbishop precedes the duke, or the duke the bishop, it is, 1 believe, to the people in general, somewhat like Sternhold and Hopkins, or Hopkins and Stern- hold; * you may put which you please first ; and as I confess that I do not understand the merits of this case, I will not contend it with Mr. Burke. But with respect to the latter, I have some- thing to say. Mr. Burke has not put the case right. The comparison is out of order by being put between the bishop and the earl or the 'squire. It ought to be put between the bishop and the curate, and then it will stand thus: — The people of England can see without pain or grudging, a bishop of Durham, or a bishop of Winchester, in * Ck)mpilers of a long celebrated psalm-book. — Ed. 88 WRITINGS OF THOMAS PAINE possession of ten thousand pounds a year, and a curate on thirty or forty pounds a year, or less. No, Sir, they certainly do not see those things without great pain or grudging. It is a case that appHes itself to every man's sense of justice, and is one among many that calls aloud for a con- stitution. In France, the cry of "the church! the church!" was repeated as often as in ]\Ir. Burke's book, and as loudly as when the Dissenter's Bill was before the English Parliament ; but the gen- erality of the French clergy were not to be de- ceived by this cry any longer. They knew, that whatever the pretense might be, it was themselves who were one of the principal objects of it. It was the cry of the high beneficed clergy, to prevent any regulation of income taking place be- tween those of ten thousand pounds a year and the parish priest. They, therefore, joined their case to those of every other oppressed class of men, and by this union obtained redress. The French Constitution has abolished tithes, that source of perpetual discontent between the tithe-holder and the parishioner. When land is held on tithe, it is in the condition of an estate held between two parties; the one receiving one- tenth, and the other nine-tenths of the produce: 89 WRITINGS OF THOMAS PAINE and, consequently, on principles of equity, if the estate can be improved, and made to produce by that improvement double or treble what it did before, or in any other ratio, the expense of such improvement ought to be born in like propor- tion between the parties who are to share the produce. But this is not the case in tithes; the farmer bears the whole expense, and the tithe-holder takes a tenth of the improvement, in addition to the original tenth, and by this means gets the value of two-tenths instead of one. That is an- other case that calls for a constitution. The French Constitution hath abolished or re- nounced toleration,, and intolerance also, and hath established universal eight of con- science. Toleration is not the opposite of intoleration, but is the counterfeit of it. Both are despotisms. The one assumes to itself the right of withhold- ing liberty of conscience, and the other of grant- ing it. The one is the Pope, armed with fire and faggot, and the other is the Pope selling or grant- ing indulgences. The former is church and state, and the latter is church and traffic. But toleration may be viewed in a much stronger light. Man worships not himself, but 90 WRITINGS OF THOMAS PAINE his Maker: and the liberty of conscience which he claims, is not for the service of himself, but of his God. In this case, therefore, we must neces- sarily have the associated idea of two beings ; the mortal who renders the worship, and the immor- tal being who is worshipped. Toleration therefore, places itself not between man and man, nor between church and church, nor between one denomination of religion and another, but between God and man ; between the being who worships, and the being who is wor- shipped ; and by the same act of assumed author- ity by which it tolerates man to pay his worship, it presumptuously and blasphemously sets up itself to tolerate the Almighty to receive it. Were a bill brought into Parliament, entitled, "An act to tolerate or grant liberty to the Al- mighty to receive the worship of a Jew or a Turk," or "to prohibit the Almighty from re- ceiving it," all men would startle, and call it blasphemy. There would be an uproar. The presumption of toleration in religious matters would then, present itself unmasked ; but the pre- sumption is not the less because the name of "Man" only appears to those laws, for the asso- ciated idea of the worshipper and the worshipped cannot be separated. 91 WRITINGS OF THOMAS PAINE Who, then, art thou, vain dust and ashes! by whatever name thou art called, whether a king, a bishop, a church or a state, a parhament or any thing else, that obtrudest thine insignificance between the soul of man and his Maker? Mind thine own concerns. If he believes not as thou believest, it is a proof that thou believest not as he believeth, and there is no earthly power can determine between you. With respect to what are called denomina- tions of religion, if every one is left to judge of his own reHgion, there is no such thing as a reli- gion that is wrong; but if they are to judge of each other's religion, there is no such thing as a religion that is right ; and therefore all the world is right, or all the world is wrong. But with respect to rehgion itself, without regard to names, and as directing itself from the universal family of mankind to the divine object of all adoration, it is man bringing to his Maker the fruits of his heart; and though these fruits may differ from each other like the fruits of the earth, the grateful tribute of every one is ac- cepted. A bishop of Durham, or a bishop of Win- chester, or the archbishop who heads the dukes, will not refuse a tithe-sheaf of wheal, 1: cause it 92 WRITINGS OF THOMAS PAINE is not a cock of hay; nor a cock of hay, because it is not a sheaf of wheat ; nor a pig, because it is neither the one nor the other : but these same per- sons, under the figure of an estabhshed church, will not permit their Maker to receive the various tithes of man's devotion. One of the continual choruses of Mr. Burke's book, is "church and state." He does not mean some one particular church, or some one partic- ular state, but any church and state; and he uses the term as a general figure to hold forth the political doctrine of always uniting the church with the state in every country, and he censures the National Assembly for not having done this in France. Let us bestow a few thoughts on this subject. All religions are in their nature mild and be- nign, and united with principles of morality. They could not have made proselytes at first, by professing anything that was vicious, cruel, per- secuting or immoral. Like every thing else, they had their beginning; and they proceeded by per- suasion, exhortation, and example. How then is it that they lose their native mildness, and be- come morose and intolerant? It proceeds from the connection which Mr. Burke recommends. By engendering the church 93 WRITINGS OF THOMAS PAINE with the state, a sort of mule-animal, capable only of destroying, and not of breeding up, is produced, called, The Church established by Law. It is a stranger, even from its birth to any parent mother on which it is begotten, and whom in time it kicks out and destroys. The Inquisition in Spain does not proceed from the religion originally professed, but from this mule-animal, engendered between the church and the state. The burnings in Smithfield pro- ceeded from the same heterogeneous production ; and it was the regeneration of this strange ani- mal in England afterwards, that renewed rancor and irreligion among the inhabitants, and that drove the people called Quakers and Dissenters to America. Persecution is not an original feature in any religion; but it is always the strongly marked feature of all law-religions, or religions estab- lished by law. Take away the law-establishment, and every religion reassumes its original be- nignity. In America, a Catholic priest is a good citizen, a good character, and a good neighbor; an Episcopal minister is of the same description : and this proceeds, independently of the men, from there being no law-estabHshment in Amer- ica. 94 WRITINGS OF THOMAS PAINE If also we view this matter in a temporal sense, we shall see the ill effects it has had on the prosperity of nations. The union of church and state has impoverished Spain. The revoking the edict of Nantes drove the silk manufacture from France into England; and church and state are now driving the cotton manufacture from England to America and France. Let then Mr. Burke continue to preach his anti-political doctrine of Church and State. It will do some good. The National Assembly will not follow his advice, but will benefit by his folly. It was by observing the ill effects of it in Eng- land, that America has been warned against it; and it is by experiencing them in France, that the National Assembly have abolished it, and, like America, have established universal right OF CONSCIENCE^ AND UNIVERSAL RIGHT OF CITI- ZENSHIP.* * When in any country we see extraordinary circumstances taking place, they naturally lead any man who has a talent for ob- servation and investigation, to inquire into the causes. The manu- factures of Manchester, Birmingham and Sheffield, are the princi- pal manufactures in England. From whence did this arise? A little observation will explain the case. The principal, and the generality of the inhabitants of those places, are not of what is called in England, the Church estab- lished by law; and they, or their fathers (for it is within but a few years) withdrew from the persecution of the chartered towns, where test-laws more particularly operate, and established a sort of asylum for themselves in those places. It was the only asyliun 95 WRITINGS OF THOMAS PAINE I will here cease the comparison with respect to the principles of the French Constitution, and conclude this part of the subject with a few ob- servations on the organization of the formal parts of the French and English governments. The executive power in each country is in the hands of a person styled the king; but the French Constitution distinguishes between the king and the sovereign: It considers the sta- that then offered, for the rest of Europe was worse. But the case is now changing. France and America bid all comers welcome, and initiate them into all the rights of citizen- ship. Policy and interest, therefore, will, but perhaps too late, dictate in England, what reason and justice could not. Those manufactures are withdrawing, and are arising in other places. There is now erecting at Passj, three miles from Paris, a large cotton mill, and several are already erected in America. Soon after the rejecting the bill for repealing the test-law, one of the richest manufacturers in England said in my hearing, " England, Sir, is not a country for a Dissenter to live in — we must go to France." These are truths, and it is doing justice to both parties to tell them. It is chiefly the Dissenters who have carried English manu- factures to the height they are now at, and the same men have it in their power to carry them away; and though those manufac- tures would afterwards continue to be made in those places, the foreign market would be lost. There are frequently appearing in the London Gazette, extracts from certain acts to prevent machines, and, as far as it can extend to, persons, from going out of the country. It appears from these, that the ill effects of the test-laws and church-establishment begin to be much suspected; but the remedy of force can never supply the remedy of reason. In the progress of less than a century, all the unrepresented part of England, of all denominations, which is at least a hundred times the most numerous, may begin to feel the necessity of a constitution, and then all those matters will come regularly before them. 96 WRITINGS OF THOMAS PAINE tion of king as official, and places sovereignty in the nation. The representatives of the nation, who com- pose the National Assembly, and who are the legislative power, originate in and from the peo- ple by election, as an inherent right in the people. In England it is otherwise; and this arises from the original establishment of what is called its monarchy; for, as by the Conquest all the rights of the people or the nation were absorbed into the hands of the Conqueror, and who added the title of King to that of Conqueror, those same matters which in France are now held as rights in the people, or in the nation, are held in Eng- land as grants from what is called the Crown. The Parliament in England, in both its branches, was erected by patents from the de- scendants of the Conqueror. The House of Commons did not originate as a matter of right in the people to delegate or elect, but as a grant or boon. By the French Constitution, the nation is always named before the king. The third article of the Declaration of Rights says, " The nation is essentially the source (or fountain) of all sovereignty/^ Mr. Burke argues, that, in England, a king is the fountain — that he is the 97 WRITINGS OF THOMAS PAINE fountain of all honor. But as this idea is evi- dently descended from the Conquest, I shall make no other remark upon it, than that it is the nature of conquest to turn every thing upside down; and as Mr. Burke will not be refused the privilege of speaking twice, and as there are but two parts in the figure, the fountain and the spout J he will be right the second time. The French Constitution puts the legislative before the executive; the Law before the King; La Loij Le Roi. This also is in the natural order of things; because laws must have existence, be- fore they can have execution. A king in France does not in addressing himself to the National Assembly, say, " My as- sembly," similar to the phrase used in England of my " Parliament "; neither can he use it con- sistently with the Constitution, nor could it be admitted. There may be propriety in the use of it in England, because as is before mentioned, both Houses of Parliament originated from what is called the Crown by patent or boon — and not from the inherent rights of the people, as the National Assembly does in France, and whose name designates its origin. The President of the National Assembly does not ask the King to grant to the Assembly 98 WRITINGS OF THOMAS PAINE liberty of speech, as is the case with the English House of Commons. The constitutional dignity of the National Assembly cannot debase itself. Speech is, in the first place, one of the natural rights of man always retained; and with respect to the National Assembly, the use of it is their duty, and the nation is their authority. They were elected by the greatest body of men exercising the right of election the Euro- pean world ever saw. They sprung not from the filth of rotten boroughs, nor are they the vassal representatives of aristocratical ones. Feeling the proper dignity of their character, they sup- port it. Their parliamentary language, whether for or against a question, is free, bold, and manly, and extends to all the parts and circumstances of the case. If any matter or subject respecting the executive department, or the person who pre- sides in it (the king) comes before them, it is de- bated on with the spirit of men, and the language of gentlemen ; and their answer, or their address, is returned in the same style. They stand not aloof with the gaping vacuity of vulgar ignor- ance, nor bend with the cringe of sycophantic insignificance. The graceful pride of truth knows no extremes, and preserves, in every 99 WRITINGS OF THOMAS PAINE latitude of life, the right-angled character of man. Let us now look to the other side of the ques- tion. In the addresses of the English Parlia- ments to their kings, we see neither the intrepid spirit of the old Parliaments of France, nor the serene dignity of the present National Assem- bly: neither do we see in them any thing of the style of English manners, which border some- what on bluntness. Since then they are neither of foreign extrac- tion, nor naturally of English production, their origin must be sought for elsewhere, and that origin is the Norman Conquest. They are evi- dently of the vassalage class of manners, and emphatically mark the prostrate distance that exists in no other condition of men than between the conqueror and the conquered. That this vassalage idea and style of speak- ing was not got rid of even at the Revolution of 1688, is evident from the declaration of Parlia- ment to William and Mary, in these words: " We do most humbly and faithfully submit our- selves, our heirs and posterities for ever." Sub- mission is wholly a vassalage term, repugnant to the dignity of freedom, and an echo of tlie lan- guage used at the Conquest. 100 WRITINGS OF THOMAS PAINE As the estimation of all things is by compari- son, the Revolution of 1688, however from cir- cumstances it may have been exalted beyond its value, will find its level. It is akeady on the wane, eclipsed by the enlarging orb of reason, and the luminous revolutions of America and France. In less than another century, it will go, as well as Mr. Burke's labors, " to the family vault of all the Capulets." ^lankind will then scarcely believe that a country calling itself free, would send to Holland for a man, and clothe him with power, on purpose to put themselves in fear of him, and give him almost a million sterling a year for leave to submit themselves and their posterity, like bond-men and bond-women, for ever. But there is a truth that ought to be made known : I have had the opportunity of seeing it ; which is, that, notwithstanding appearances, there is not any description of men that despise monarchy so much as courtiers. But they well know, that if it were seen by others, as it is by them, the juggle could not be kept up. They are in the condition of men who get their living by a show, and to whom the folly of that show is so familiar that they ridicule it; but were the audience to be made as wise in this rc- 101 WRITINGS OF THOMAS PAINE spect as themselves, there would be an end to the show and the profits with it. The difference between a republican and a courtier with respect to monarchy, is, that the one opposes monarchy, believing it to be some- thing, and the other laughs at it, knowing it to be nothing. As I used sometimes to correspond with Mr. 'Burke, believing him then to be a man of sounder principles than his book shows him to be, I wrote to him last winter from Paris, and gave him an account how prosperously matters were going on. Among other subjects in that letter, I re- ferred to the happy situation the National As- sembly were placed in; that they had taken a ground on which their moral duty and their political interest were united. They have not to hold out a language which they do not themselves believe, for the fraudulent purpose of making others believe it. Their sta- tion requires no artifice to support it, and can only be maintained by enlightening mankind. It is not their interest to cherish ignorance but to dispel it. They are not in the case of a minis- terial or an opposition party in England, who, though they are opposed, are still united to keep up the common mystery. 102 WRITINGS OF THOMAS PAINE The National Assembly must throw open a magazine of light. It must show man the proper character of man; and the nearer it can bring him to that standard, the stronger the National Assembly becomes. In contemplating the French Constitution, we see in it a rational order of things. The prin- ciples harmonize with the forms, and both with their origin. It may perhaps be said as an ex- cuse for bad forms, that they are nothing more than forms; but this is a mistake. Forms grow out of principles, and operate to continue the principles they grow from. It is impossible to practise a bad form on any thing but a bad prin- ciple. It cannot be ingrafted on a good one ; and wherever the forms in any government are bad, it is a certain indication that the principles are bad also. I wiU here finally close the subject. I began it by remarking that Mr. Burke had voluntarily dechned going into a comparison of the English and French constitutions. He apologizes (p. 241) for not doing it, by saying that he had not time. Mr. Burke's book was upwards of eight months in hand, and it extended to a volume of three hundred and sixty-six pages. As his omission does injury to his cause, his 108 WRITINGS OF THOMAS PAINE apology makes it worse ; and men on the English side of the water will begin to consider, whether there is not some radical defect in what is called the English Constitution, that made it necessary for Mr. Burke to suppress the comparison, to avoid bringing it into view. As Mr. Burke has not written on constitu- tions, so neither has he written on the French Revolution. He gives no account of its com- mencement or its progress. He only expresses his wonder. " It looks," says he, " to me as if I were in a great crisis, not of the affairs of France alone, but of all Europe, perhaps of more than Europe. All circumstances taken together, the French Revolution is the most astonishing that has hitherto happened in the world." As wise men are astonished at foolish things, and other people at wise ones, I know not on which ground to account for INIr. Burke's aston- ishment ; but certain it is that he does not under- stand the French Revolution. It has apparently burst forth like a creation from a chaos, but it is no more than the consequence of a mental revo- lution previously existing in France. The mind of the nation had changed before- hand, and the new order of things had naturally followed the new order of thoughts. I will here, 104 WRITINGS OF THOMAS PAINE as concisely as I can, trace out the growth of the French Revolution, and mark the circumstances that have contributed to produce it. The despotism of Louis XIV. united with the gaiety of his court, and the gaudy ostenta- tion of his character, had so humbled, and at the same time so fascinated the mind of France, that the people appear to have lost all sense of their own dignity, in contemplating that of their Grand Monarch: and the whole reign of Louis XV., remarkable only for weakness and effem- inacy, made no other alteration than that of spreading a sort of lethargy over the nation, from which it showed no disposition to rise. The only signs which appeared of the spirit of liberty during those periods, are to be found in the writings of the French philosophers. Montesquieu, President of the Parliament of Bordeaux, w^ent as far as a writer under a des- potic government could well proceed: and being obliged to divide himself between principle and prudence, his mind often appears under a veil, and we ought to give him credit for more than he has expressed. Voltaire, who was both the flatterer and satir- ist of despotism, took another line. His forte lay in exposing and ridiculing the superstitions 105 WRITINGS OF THOMAS PAINE which priestcraft, united with statecraft, had interwoven with governments. It was not from the purity of liis principles, or his love of mankind, (for satire and philan- thropy are not naturally concordant), but from his strong capacity of seeing folly in its true shape, and his irresistible propensity to expose it, that he made those attacks. They were however as formidable as if the motives had been virtu- ous; and he merits the thanks rather than the esteem of mankind. On the contrary, we find in the writings of Rousseau and the Abbe Raynal, a loveliness of sentiment in favor of liberty, that excites respect, and elevates the human faculties; but having raised this animation, they do not direct its oper- ations, but leave the mind in love with an object, without describing the means of possessing it. The writings of Quesnay, Turgot, and the friends of these authors, are of a serious kind; but they labored under the same disadvantage with Montesquieu; their writings abound with moral maxims of government, but are rather directed to economize and reform the adminis- tration of the government, than the government itself. But all those writings and many others had 106 WRITINGS OF THOMAS PAINE their weight; and by the diiferent manner in which they treated the subject of government, — Montesquieu by his judgment and knowledge of laws, Voltaire by his wit, Rousseau and Raynal by their animation, and Quesnay and Turgot by their moral maxims and systems of economy, readers of every class met with something to their taste, and a spirit of political inquiry began to diffuse itself through the nation at the time the dispute between England and the then col- onies of America broke out. In the war which France afterwards engaged in, it is very well known that the nation appeared to be beforehand with the French Ministry. Each of them had its view : but those views were directed to different objects; the one sought lib- erty, and the other retaliation on England. The French officers and soldiers who after this went to America, were eventually placed in the school of Freedom, and learned the practise as well as the principles of it by heart. As it was impossible to separate the military events which took place in America from the principles of the American Revolution, the publi- cation of those events in France necessarily con- nected themselves with the principles which pro- duced them. Many of the facts were in them- 107 WRITINGS OF THOMAS PAINE selves principles; such as the declaration of American independence, and the treaty of alli- ance between France and America, which recog- nized the natural right of man, and justified resistance to oppression. The then Minister of France, Count Ver- gennes, was not the friend of America; and it is both justice and gratitude to say, that it was the Queen of France who gave the cause of America a fashion at the French Court. Count Vergennes was the personal and social friend of Dr. Frank- lin; and the Doctor had obtained, by his sensible gracefulness, a sort of influence over him; but with respect to principles, Count Vergennes was a despot. The situation of Dr. Franklin as Minister from America to France, should be taken into the chain of circumstances. The diplomatic character is of itself the narrowest sphere of society that man can act in. It forbids inter- course by a reciprocity of suspicion ; and a diplo- matist is a sort of unconnected atom, continually repeHing and repelled. But this was not the case with Dr. Franklin. He was not the diplomatist of a court, but of a man. His character as a philosopher had been long established, and his circle of society in France was universal. 108 WRITINGS OF THOMAS PAINE Count Vergennes resisted for a considerable time the publication in France of the American Constitutions, translated into the French lan- guage; but even in this he was obliged to give way to public opinion, and a sort of propriety in admitting to appear what he had undertaken to defend. The American Constitutions were to liberty, what a grammar is to language : they de- fine its parts of speech, and practically construct them into syntax. The peculiar situation of the then Marquis de la Fayette is another link in the great chain. He served in America as an American officer under a commission of Congress, and by the uni- versality of his acquaintance, was in close friend- ship with the civil government of America, as weU as with the military line. He spoke the lan- guage of the country, entered into the discussions on the principles of government, and was always a welcome friend at any election. When the war closed, a vast reinforcement to the cause of liberty spread itself over France, by the return of the French officers and soldiers. A knowledge of the practise was then joined to the theory; and all that was wanting to give it a real existence was opportunity. Man cannot, properly speaking, make circumstances for his 109 WRITINGS OF THOMAS PAINE purpose, but he always has it in his power to im- prove them when they occur; and this was the case in France. M. Necker was displaced in May, 1781 ; and by the ill management of the finances after- ward, and particularly during the extravagant administration of M. Calonne, the revenue of France, which was nearly twenty-four millions sterling per year, was become unequal to the ex- penditure, not because the revenue had decreased, but because the expenses had increased; and this was the circumstance which the nation laid hold of to bring forward a revolution. The English Minister, Mr. Pitt, has fre- quently alluded to the state of the French finances in his budgets without understanding the subject. Had the French parliaments been as ready to register edicts for new taxes, as an English parliament is to grant them, there had been no derangement in the finances, nor yet any revolution ; but this will better explain itself as I proceed. It will be necessary here to show how taxes were formerly raised in France. The king, or rather the court or ministry acting under the use of that name, framed the edicts for taxes at their own discretion, and sent them to the parlia- 110 WRITINGS OF THOMAS PAINE merits to be registered ; for until they were regis- tered by the parHaments, they were not opera- tive. Disputes had long existed between the court and the parliaments with respect to the extent of the parliament's authority on this head. The court insisted that the authority of parliaments went no farther than to remonstrate or show reasons against the tax, reserving to itself the right of determining whether the reasons were well or ill-founded; and in consequence thereof, either to withdraw the edict as a matter of choice, or to order it to be enregistered as a matter of authority. The parliaments on their part insisted, that they had not only a right to remonstrate, but to reject; and on this ground they were always supported by the nation. But, to return to the order of my narrative, M. Calonne wanted money; and as he knew the sturdy disposition of the parliaments ^\dth re- spect to new taxes, he ingeniously sought either to approach them by a more gentle means than that of direct authority, or to get over their heads by a maneuver : and, for this purpose, he revived the project of assembling a body of men from the several provinces, under the style of an "As- Ill WRITINGS OF THOMAS PAINE sembly of the Notables," or Men of Note, who met in 1787, and who were either to recommend taxes to the parliaments, or to act as a parlia- ment themselves. An Assembly under this name had been called in 1617. As we are to view this as the first practical step towards the Revolution, it will be proper to enter into some particulars respecting it. The Assembly of the Notables has in some places been mistaken for the States-General, but was wholly a different body; the States-General be- ing always by election. The persons who composed the Assembly of the Notables were all nominated by the King, and consisted of one hundred and forty mem- bers. But as M. Calonne could not depend upon a majority of this Assembly in his favor, he very ingeniously arranged them in such a manner as to make forty-four a majority of one hundred and forty: to effect this, he disposed of them into seven separate committees, of twenty mem- bers each. Every general question was to be decided, not by a majority of persons but by a majority of committees; and as eleven votes would make a majority in a committee, and four committees a majority of seven, M. Calonne had good reason 112 WRITINGS OF THOMAS PAINE to conclude, that as forty-four would determine any general question, he could not be out-voted. But all his plans deceived him, and in the event became his overthrow. The then ]Marquis de la Fayette was placed in the second committee, of which Count D'Ar- tois was President: and as money-matters was the object, it naturally brought into view every circumstance connected with it. M. de la Fay- ette made a verbal charge against Calonne, for selling crown-lands to the amount of two mil- lions of Hvres, in a manner that appeared to be unknown to the King. The Count D'Artois (as if to intimidate, for the Bastille was then in being) asked the Mar- quis if he would render the charge in writing? He replied that he would. The Count D'Artois did not demand it, but brought a message from the King to that purport. M. de la Fayette then delivered in his charge in writing, to be given to the King, undertaking to support it. No farther proceedings were had upon this affair; but M. Calonne was soon after dismissed by the King, and set off to England. As M. de la Fayette, from the experience of what he had seen in America, was better ac- quainted with the science of civil government 118 WRITINGS OF THOMAS PAINE than the generahty of the members who com- posed the Assembly of the Notables could then be, the brunt of the business fell considerably to his share. The plan of those who had a constitution in view, was to contend with the Court on the ground of taxes, and some of them openly professed their object. Disputes frequently arose between Count D'Ai-tois and M. de la Fayette, upon various subjects. With respect to the arrears already incurred, the latter proposed to remedy them, by accom- modating the exj)enses to the revenue, instead of the revenue to the expenses; and as objects of reform, he proposed to abolish the Bastille, and all the state-prisons throughout the nation, (the keeping of wliich was attended with great ex- pense) , and to suppress Lettres de Cachet. But those matters were not then much attended to; and with respect to Lettres de Cachet^ a majority of the nobles appeared to he in favor of them. On the subject of supplying the treasury by new taxes the Assembly declined taking the matter on themselves, concurring in the opinion that they had not authority. In a debate on this subject, ]M. de la Fayette said that raising money by taxes could onlj^ be done by a National As- 114. WRITINGS OF THOMAS PAINE sembly, freely elected by the people, and acting as their representatives. " Do you mean," said Count D'Artois, " the States-General? " M. de la Fayette replied, that he did. " Will you," said the Count D'Artois, " sign what you say, to be given to the King? " The other replied, that he not only would do this, but that he would go farther, and say that the effectual mode would be, for the King to agree to the establishment of a constitution. As one of the plans had thus failed, that of getting the Assembly to act as a parliament, the other came into view, that of recommending. On this subject, the Assembly agreed to recom- mend two new taxes to be enregistered by the parliament, the one a stamp tax and the other a territorial tax, or sort of land tax. The two have been estimated at about five millions sterling per annum. We have now to turn our attention to the parliaments, on whom the business was again devolving. The Archbishop of Toulouse (since Arch- bishop of Sens, and now a Cardinal) was ap- pointed to the administration of the finances, soon after the dismission of Calonne. He was also made Prime INIinister, an office that did not alwaj^s exist in France. When this office did 115 WRITINGS OF THOMAS PAINE not exist, the chief of each of the principal de- partments transacted business immediately with the king; but when a prime minister was ap- pointed, they did business only with him. The Archbishop arrived to more state-authority than any minister since the Duke de Choiseul, and the nation was strongly disposed in his favor ; but by a line of conduct scarcely to be accounted for, he perverted every opportunity, turned out a des- pot, and sunk into disgrace, and a Cardinal. The Assembly of Notables having broken up, the new minister sent the edicts for the two new taxes recommended by the Assembly to the Parliaments, to be enregistered. They of course came first before the Parliament of Paris, who returned for answer; That with such a revenue as the nation then supported, the name of taxes ought not to he mentioned, hut for the purpose of reducing them; and threw both the edicts out.* On this refusal, the Parliament was ordered to Versailles, where in the usual form, the King held, what under the old government was called a Bed of Justice : and the two edicts were enreg- istered in presence of the Parhament, by an order of State, in the manner mentioned in page 110. On this the Parliament immediately returned •When the English Minister, Mr. Pitt, mentions the French finances again in the English P«rliament, it would be well that he noticed this as an example. 116 WRITINGS OF THOMAS PAINE to Paris, renewed their session in form, and or- dered the enregistering to be struck out, declar- ing that everything done at Versailles was illegal. All the members of Parliament were then served with Lettres de Cachet ^ and exiled to Trois; but as they continued as inflexible in exile as before, and as vengeance did not supply the place of taxes, they were after a short time recalled to Paris. The edicts were again tendered to them, and the Count D'Artois undertook to act as represen- tative of the King. For this purpose, he came from Versailles to Paris, in a train of procession ; and the Parliament was assembled to receive him. But show and parade had lost their influence in France; and whatever ideas of importance he might set oif with, he had to return with those of mortification and disappointment. On alighting from his carriage to ascend the steps of the Par- liament House, the crowd (which was numer- ously collected) threw out trite expressions, saying: " This is Monsieur D'Artois, who wants more of our money to spend." The marked disapprobation which he saw, impressed him with apprehensions ; and the word Aua^ arms! {To arms!) was given out by the oflScer of the guard who attended him. It was 117 WRITINGS OF THOMAS PAINE so loudly vociferated, that it echoed through the avenues of the House, and produced a temporary confusion: I was then standing in one of the apartments through which he had to pass, and could not avoid reflecting how wretched was the condition of a disrespected man. He endeavored to impress the Parliament by great words, and opened his authority by say- ing, " The King, our Lord and ^Master." The Parliament received him very coolly, and with theu' usual determination not to register the taxes; and in this manner the interview ended. After this a new subject took place. In the various debates and contests that arose between the Court and the Parhaments on the subject of taxes, the Parliament of Paris at last declared, that although it had been customary for Parlia- ments to enregister edicts for taxes as a matter of convenience, the right belonged only to the States-General; and that, therefore, the Parlia- ments could no longer with propriety continue to debate on what it had not authority to act. The King, after this, came to Paris, and held a meeting with the Parliament, in which he con- tinued from ten in the morning till about six in the evening; and, in a manner that appeared to proceed from him, as if unconsulted upon with 118 WRITINGS OF THOMAS PAINE the Cabinet or the Ministry, gave his word to the ParHament, that the States- General should be convened. But after this, another scene arose, on a ground different from all the former. The ]Min- ister and the Cabinet were averse to calling the States-General: they well knew, that if the States- General were assembled, that themselves must fall; and as the King had not mentioned any time, they hit on a project calculated to elude, without appearing to oppose. For this purpose, the Court set about making a sort of constitution itself; it was principally the work of M. Lamoignon, Keeper of the Seals, who afterwards shot himself. This new arrange- ment consisted in establishing a body under the name of a Cour pleniere, or full Court, in which were invested all the power that the government might have occasion to make use of. The persons composing this Court were to be nominated by the King; the contended right of taxation was given up on the part of the King, and a new criminal code of laws, and law pro- ceedings, was substituted in the room of the former. The thing, in many points, contained better principles than those upon which the gov- ernment had hitherto been administered: but, 119 WRITINGS OF THOMAS PAINE with respect to the Cour pleniere, it was no other than a medium through which despotism was to pass, without appearing to act directly from itself. The Cabinet had high expectations from their new contrivance. The persons who were to compose the Cour pleniere were already nom- inated, and as it was necessary to carry a fair appearance, many of the best characters in the nation were appointed among the number. It was to commence on the eighth of May, 1788: but an opposition arose to it, on two grounds — the one as to principle, the other as to form. On the ground of principle it was contended, that government had not a right to alter itself; and that if the practise was once admitted, it would grow into a principle, and be made a pre- cedent for any alterations the government might wish to establish; that the right of altering the government was a national right, and not a right of government. And on the ground of form, it was contended that the Cour pleniere was noth- ing more than a larger cabinet. The then Dukes de la Rouchefoucault, Lux- embourg, de Noailles, and many others, refused to accept the nomination, and strenuously op- posed the whole plan. When the edict for estab- 120 WRITINGS OF THOMAS PAINE lishing this new court was sent to the Parlia- ments to be enregistered and put into execution, they resisted also. The Parliament of Paris not only refused but denied the authority; and the contest renewed itself between the Parliament and the Cabinet more strongly than ever. While the Parliament was sitting in debate on this subject, the Ministry ordered a regiment of soldiers to surround the house and form a blockade. The members sent out for beds and provision, and lived as in a besieged citadel; and as this had no effect, the commanding officer was ordered to enter the Parliament House and seize them, which he did, and some of the principal members were shut up in different prisons. About the same time a deputation of persons arrived from the province of Brittany, to remon- strate against the establishment of the Cour plenierej and those the Archbishop sent to the Bastille. But the spirit of the nation was not to be overcome; and it was so fully sensible of the strong ground it had taken, that of withholding taxes, that it contented itself with keeping up a sort of quiet resistance, which effectually over- threw all the plans at that time formed against it. The project of the Cour pleniere was at last obliged to be given up, and the Prime Minister 121 WRITINGS OF THOMAS PAINE not long afterwards followed its fate; and M. Necker was recalled into office. The attempt to establish the Cour pleniere had an effect upon the nation which was not an- ticipated. It was a sort of new form of govern- ment, that insensibly served to put the old one out of sight, and to unhinge it from the supersti- tious authority of antiquity. It was government dethroning government; and the old one, by at- tempting to make a new one, made a chasm. The failure of this scheme renewed the sub- ject of convening the States-General: and this gave rise to a new series of politics. There was no settled form for convening the States-Gen- eral; all that it positively meant, was a deputa- tion from what was then called the Clergy, the Nobility and the Commons; but their numbers, or their proportions, had not been always the same. They had been convened only on extra- ordinary occasions, the last of which was in 1614 ; their numbers were then in equal proportions, and they voted by orders. It could not well escape the sagacity of M. Necker, that the mode of 1614 would answer neither the purpose of the then Government, nor of the nation. As matters were at that time cir- cumstanced, it would have been too contentious 122 WRITINGS OF THOMAS PAINE to agree upon anything. The debates would have been endless upon privileges and exemp- tions, in which neither the wants of the Govern- ment, nor the wishes of the nation for a consti- tution, would have been attended to. But as he did not choose to take the decision upon himself, be summoned again the Assembly of the Nota- bles, and referred it to them. This body was in general interested in the decision, being chiefly of the aristocracy and the high paid clergy; and they decided, in favor of the mode of 1614. This decision was against the sense of the nation, and also against the wishes of the Court; for the aristocracy opposed itself to both, and contended for privileges independent of either. The subject was then taken up by the Parlia- ment, who recommended that the number of the Commons should be equal to the other two; and that they should all sit in one house, and vote in one body. The number finally determined on was twelve hundi'ed: six hundred to be chosen by the Com- mons (and this was less than their proportion ought to have been when their worth and conse- quence is considered on a national scale) three hundred by the clergy, and three hundred by the aristocracy; but with respect to the mode of 123 WRITINGS OF THOMAS PAINE assembling themselves, whether together or apart, or the manner in which they should vote, those matters were referred.* The election that followed, was not a con- tested election, but an animated one. The can- didates were not men but principles. Societies were formed in Paris, and committees of correspondence and communication established throughout the nation, for the purpose of en- * Mr. Burke (and I must take the liberty of telling him he is very unacquainted with French affairs,) speaking upon this sub- ject, says, " The first thing that struck me in the calling the States-General, was a great departure from the ancient course;" and he soon after saj-s, " From the moment I read the list, I saw distinctly, and very nearly as it has happened, all that was to fol- low." Mr. Burke certainly did not see all that was to follow. I endeavored to impress him, as well before as after the States-Gen- eral met, that there would be a revolution; but was not able to make him see it, neither would he believe it. How then he could distinctly see all the parts, when the whole was out of sight, is be- yond my comprehension. And with respect to the " departure " from the ancient " course," besides the natural weakness of the remark, it shows that he is unacquainted with circumstances. The departure was necessary, from the experience had upon it, that the ancient course was a bad one. The States-General of 1614 were called at the commencement of the civil war in the minority of Louis XIII. But by the clash of arranging them by orders, they increased the confusion they were called to compose. The author of L'Intrigue du Cabinet (Intrigue of the Cabinet), who wrote before any revolution was thought of in France, speaking of the States-General of 1614, says, " They held the public in suspense five months ; and by the questions agitated therein, and the heat with which they were put, it appears that the great (les grands) thought more to satisfy their particular passions, than to procure the good of the nation; and the whole time passed away in altercations, ceremonies and parade." — L'Intrigue du Cabinet, vol. 1. 124 WRITINGS OF THOMAS PAINE lightening the people, and explaining to them the principles of civil government; and so or- derly was the election conducted, that it did not give rise even to the rumor of tumult. The States- General were to meet at Ver- sailles in April, 1789, but did not assemble till May. They situated themselves in three separate chambers, or rather the clergy and the aristoc- racy withdrew each into a separate chamber. The majority of the aristocracy claimed what they called the privilege of voting as a separate body, and of giving their consent or their nega- tive in that manner ; and many of the bishops and the high-beneficed clergy claimed the same privi- lege on the part of their order. The Tiers Etat (as they were then called) disowned any knowledge of artificial orders and artificial privileges ; and they were not only reso- lute on this point, but somewhat disdainful. They began to consider aristocracy as a kind of fungus growing out of the corruption of society, that could not be admitted even as a branch of it; and from the disposition the aristocracy had shown by upholding Lettres de Cachet, and in sundry other instances, it was manifest that no constitution could be formed by admitting men in any other character than as national men. 125 WRITINGS OF THOMAS PAINE After various altercations on this head, the Tiers Etat or Commons (as they were then called) declared themselves (on motion made for that purpose by the Abbe Sieyes) " the repre- sentatives OF THE nation; and that the two Orders could he considered hut as deputies of corporations, and could only have a deliherative voice when they assembled in a national charac- ter with the national representatives/' This pro- ceeding extinguished the style of Etats Gener- aux, or States-General, and erected it into the style it now bears, that of UAssemhlee Na- tionale, or National Assembly. This motion was not made in a precipitate manner: It was the result of cool deliberation, and concerted between the national representa- tives and the patriotic members of the two chambers, who saw into the folly, mischief and injustice of artificial privileged distinctions. It was become evident, that no constitution, worthy of being called by that name, could ])e established on any thing less than a national ground. The aristocracy had hitherto opposed the despotism of the court and affected the lan- guage of patriotism ; but it opposed it as its rival (as the Enghsh barons opposed King John) , and it now opposed the nation from the same motives. 126 WRITINGS OF THOMAS PAINE On carrying this motion, the national repre- sentatives, as had been concerted, sent an invita- tion to the two chambers, to unite with them in a national character, and proceed to business. A majority of the clergy, chiefly of the parish priests, withdrew from the clerical chamber, and joined the nation; and forty-five from the other chamber joined in like manner. There is a sort of secret history belonging to this last circumstance, which is necessary to its explanation: It was not judged prudent that all the patriotic members of the chamber styling itself the Nobles, should quit it at once; and in consequence of this arrangement, they drew off by degrees, always leaving some, as well to reason the case, as to watch the suspected. In a little time, the numbers increased from forty-five to eighty, and soon after to a greater number; which, with a majority of the clergy, and the whole of the national representatives, put the malcontents in a very diminutive condi- tion. The King, who, very different from the gen- eral class called by that name, is a man of a good heart, showed himself disposed to recommend a union of the three chambers, on the ground the National Assembly had taken; but tlie malcon- 127 WRITINGS OF THOMAS PAINE tents exerted themselves to prevent it, and began now to have another project in view. Their numbers consisted of a majority of the aristocratical chamber, and a minority of the clerical chamber, chiefly of bishops and high- beneficed clergy ; and these men were determined to put everything to issue, as well by strength as by stratagem. They had no objection to a constitution ; but it must be such an one as them- selves should dictate, and suited to their own views and particular situations. On the other hand, the nation disowned knowing any thing of them but as citizens, and was determined to shut out all such upstart pre- tensions. The more aristocracy appeared, the more it was despised; there was a visible imbe- cility and want of intellects in the majority, a sort of je ne sais quoi, that while it affected to be more than citizen, was less than man. It lost ground from contempt more than from hatred; and was rather jeered at as an ass, than dreaded as a Hon. This is the general character of aris- tocracy, or what are called nobles or nobility, or rather no-abihty, in all countries. The plan of the malcontents consisted now of two things; either to deliberate and vote by chambers, (or orders), more especially on all 128 WRITINGS OF THOMAS PAINE questions respecting a constitution, (by which the aristocratical chamber would have a negative on any article of the constitution) ; or, in case they could not accomplish this object, to over- throw the National Assembly entirely. To effect one or other of these objects, they began now to cultivate a friendship with the des- potism they had hitherto attempted to rival, and the Count D'Artois became their chief. The King (who has since declared himself deceived into their measures) held, according to the old form, a Bed of Justice, in which he accorded to the deliberation and vote par tete (by head) upon several subjects; but reserved the deliber- ation and vote upon all questions respecting a constitution, to the three chambers separately. The declaration of the King was made against the advice of ]M. Necker, who now began to perceive that he was growing out of fashion at Court, and that another minister was in con- templation. As the form of sitting in separate chambers was yet apparently kept up, though essentially destroyed, the national representatives, immedi- ately after this declaration of the King, resorted to their own chambers to consult on a protest against it; and the minority of the chamber 129 WRITINGS OF THOMAS PAINE (calling itself the Nobles), who had joined the national cause, retired to a private house to con- sult in like manner. The malcontents had by this time concerted their measures with the Court, which Count D'Artois undertook to conduct; and as they saw from the discontent which the declaration excited, and the opposition making against it, that they could not obtain a control over the intended constitution by a separate vote, they prepared themselves for their final object — that of conspiring against the National Assem- bly and overthrowing it. The next morning, the door of the chamber of the National Assembly was shut against them, and guarded by troops; and the members were refused admittance. On this they withdrew to a tennis-ground in the neighborhood of Ver- sailles, as the most convenient place they could find, and, after renewing their session, took an oath never to separate from each other, under any circumstances whatever, death excepted, until they had established a constitution. As the experiment of shutting up the House had no other effect than that of producing a closer connection in the members, it was opened again the next day, and the public business re- commenced in the usual place. 130 WRITINGS OF THOMAS PAINE We are now to have in view the forming of the new Ministry, which was to accomplish the overthrow of the National Assembly. But as force would be necessary, orders were issued to assemble thirty thousand troops, the command of which was given to Broglio, one of the new-in- tended Ministry, who was recalled from the coun- try for this purpose. But as some management was necessary to keep this plan concealed till the moment it should be ready for execution, it is to this policy that a declaration made by the Count D'Artois must be attributed, and which is here proper to be introduced. It could not but occur, that while the mal- contents continued to resort to their chambers separate from the National Assembly, that more jealousy would be excited than if they were mixed with it, and that the plot might be sus- pected. But as they had taken their ground, and now wanted a pretense for quitting it, it was necessary that one should be devised. This was effectually accomplished by a dec- laration made by Count D'Artois, "that if they took not a part in the National Assembly, the life of the King xcould he endangered" on which they quitted their chambers, and mixed with the Assembly in one body. 131 WRITINGS OF THOMAS PAINE At the time this declaration was made, it was generally treated as a piece of absurdity in the Count D'Artois, and calculated merely to relieve the outstanding members of the two chambers from the diminutive situation they were put in; and if nothing more had followed, this conclu- sion would have been good. But as things best explain themselves by their events, this apparent union was only a cover to the machinations that were secretly going on; and the declaration ac- commodated itself to answer that purpose. In a little time the National Assembly found itself surrounded by troops, and thousands more daily arriving. On this a very strong declaration was made by the National Assembly to the King, remonstrating on the impropriety of the meas- ure, and demanding the reason. The King, who was not in the secret of this business, as himself afterwards declared, gave substantially for an- swer, that he had no other object in view than to preserve public tranquillity, which appeared to be much disturbed. But in a few days from this time, the plot unravelled itself. M. Necker and the Ministry were displaced, and a new one formed of the enemies of the Revolution ; and Brogho, with be- tween twenty-five to thirty thousand foreign 132 WRITINGS OF THOMAS PAINE troops, was arrived to support them. The mask was now thrown oif , and matters were come to a crisis. The event was, that in the space of three days, the new ^Ministry, and all their abettors found it prudent to fly the nation; the Bastille was taken, and Broglio and his foreign troops dispersed; as is already related in a former part of this work. There are some curious circumstances in the history of this short-lived Ministry, and this brief attempt at a counter-revolution. The palace of Versailles, where the Court was sitting, was not more than four hundred yards distant from the hall where the National Assembly was sitting. The two places were at this moment like the separate headquarters of two combatant armies; yet the Court was as perfectly ignorant of the information which had arrived from Paris to the National Assembly, as if it had resided at an hundred miles distance. The then Marquis de la Fayette, who (as has been already mentioned) was chosen to preside in the National Assembly on this particular occa- sion, named, by order of the Assembly, three suc- cessive deputations to the King, on the day, and up to the evening on which the Bastille was taken, to inform and confer with him on the state 133 WRITINGS OF THOMAS PAINE of affairs; but the Ministry, who knew not so much as that it was attacked, precluded all com- munication, and were solacing themselves how dexterously they had succeeded: but in a few hours the accounts arrived so thick and fast, that they had to start from their desks and run : some set oiF in one disguise, and some in another, and none in their own character. Their anxiety now was to outride the news, lest they should be stopped, which, though it flew fast, flew not so fast as themselves. It is worth remarking, that the National As- sembly neither pursued those fugitive conspira- tors, nor took any notice of them, nor sought to retaliate in any shape whatever. Occupied with establishing a constitution, founded on the rights of man and the authority of the people, the only authority on which government has a right to exist in any country, the National As- sembly felt none of those mean passions which mark the character of impertinent governments, founding themselves on their own authority, or on the absurdity of hereditary succession. It is the faculty of the human mind to become what it contemplates, and to act in unison with its object. The conspiracy being thus dispersed, one of 134 WRITINGS OF THOMAS PAINE the first works of the National Assembly, instead of vindictive proclamations, as has been the case with other governments, published a Declara- tion of the Rights of JNIan, as the basis on which the new Constitution was to be built, and which is here subjoined. 135 DECLARATION OF THE RIGHTS OF MAN AND OF CITIZENS By the National Assembly of France i^rr^HE Representatives of the people of A France^ formed into a National As- SEMBLY;, considering that ignorance, neglect, or contempt of human rights, are the sole causes of public misfortunes and corruptions of gov- ernment, have resolved to set forth in a solemn declaration, these natural, imprescriptible, and unalienable rights: that this declaration, being constantly present to the minds of the members of the body social, they may be ever kept attentive to their rights and their duties: that the acts of the legislative and executive powers of government, being capable of being every mo- ment compared with the end of political institu- tions, may be more respected: and also, that the future claims of the citizens, being directed by simple and incontestible principles, may always tend to the maintenance of the Constitution, and the general happiness. 186 WRITINGS OF THOMAS PAINE "For these reasons the National Assembly doth recognize and declare, in the presence of the Supreme Being, and with the hope of His bless- ing and favor, the following sacred rights of men and of citizens : "I. Men are horn, and always continue, free, and equal in respect of their rights. Civil dis- tinctions, therefore, can he founded only on pub- lic utility. "11. The end of all political associations, is, the preservation of the natural and imprescript- ible rights of man; and these rights are liberty, property, security, and resistance of oppression. "HI. The nation is essentially the source of all sovereignty; nor can any individual^ or any BODY OF MENj be entitled to any authority which is not expressly derived from it. "IV. Political liberty consists in the power of doing whatever does not injure another. The exercise of the natural rights of every man has no other limits than those which are necessary to secure to every other man the free exercise of the same rights; and these limits are determinable only by the law. "V. The law ought to prohibit only actions hurtful to society. What is not prohibited by the law, should not be hindered; nor should any 137 WRITINGS OF THOMAS PAINE one be compelled to that which the law does not require. "VI. The law is an expression of the will of the community. All citizens have a right to con- cur, either personally, or by their representatives, in its formation. It should be the same to all, whether it protects or punishes; and all being equal in its sights are equally eligible to all hon- ors, places, and employments, according to their different abilities, without any other distinction than that created by their virtues and talents. "VII. No man should be accused, arrested, or held in confinement, except in cases deter- mined by the law, and according to the forms which it has prescribed. All who promote, solicit, execute, or cause to be executed, arbitrary orders, ought to be punished; and every citizen called upon or apprehended by virtue of the law, ought immediately to obey, and renders himself cul- pable by resistance. "VIII. The law ought to impose no other penalties but such as are absolutely and evidently necessary: and no one ought to be punished, but in virtue of a law promulgated before the of- fense, and legally applied. "IX. Every man being presumed innocent till he has been convicted, whenever his detention 138 WRITINGS OF THOMAS PAINE becomes indispensable,all rigor to him, more than is necessary to secure his person, ought to be pro- vided against by the law. "X. No man ought to be molested on ac- count of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by the law. "XI. The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is respon- sible for the abuse of this liberty in cases de- termined by the law. "XII. A public force being necessary to give security to the rights of men and of citizens, that force is instituted for the benefit of the com- munity, and not for the particular benefit of the persons with whom it is intrusted. "XIII. A common contribution being neces- sary for the support of the public force, and for defraying the other expenses of government, it ought to be divided equally among the members of the community, according to their abilities. "XIV. Every citizen has a right, either by himself or his representative, to a free voice in determining the necessity of public contributions, 189 WRITINGS OF THOMAS PAINE the appropriation of them, and their amount, mode of assessment, and duration. "XV. Every community has a right to de- mand of all its agents, an account of their con- duct. "XVI. Every community in which a separa- tion of powers and a security of rights is not pro- vided for, wants a constitution. "XVII. The rights to property being inviol- able and sacred, no one ought to be deprived of it, except in cases of evident public necessity, legally ascertained, and on condition of a pre- vious just indenmity." 140 OBSERVATIONS ON THE DECLARATION OF RIGHTS THE three first articles comprehend in gen- eral terms the whole of a Declaration of Rights: All the succeeding articles either orig- inate from them, or follow as elucidations. The fourth, fifth, and sixth define more particularly what is only generally expressed in the first, sec- ond, and third. The seventh, eighth, ninth, tenth, and eleventh articles, are declaratory of principles upon which laws shall be constructed, conform- able to lights already declared. But it is ques- tioned by some very good people in France, as well as in other countries, whether the tenth ar- ticle sufficiently guarantees the right it is intend- ed to accord with ; besides which, it takes off from the divine dignity of religion, and weakens its operative force upon the mind, to make it a sub- ject of human laws. It then presents itself to man, like light intercepted by a cloudy medium, in which the source of it is obscured from his 14.1 WRITINGS OF THOMAS PAINE sight, and he sees nothing to reverence in the dusky ray.* The remaining articles, beginning with the twelfth, are substantially contained in the prin- ciples of the preceding articles; but, in the par- ticular situation in which France then was, hav- ing to undo what was wrong, as well as to set up what was right, it was proper to be more par- ticular than what in another condition of things would be necessary. While the Declaration of Rights was before the National Assembly, some of its members re- marked, that if a Declaration of Rights was pub- lished, it should be accompanied by a Declaration of Duties. The observation discovered a mind * There is a single idea, which, if it strikes rightly upon the mind, either in a legal or a religious sense, will prevent any man, or any body of men, or any government, from going wrong on the subject of religion; which is, that before any human institutions of government were known in the world, there existed, if I may so express it, a compact between God and man, from the begin- ning of time; and that as the relation and condition which man in his individual person stands in toward his Maker cannot be changed, or any ways altered by any human laws or human au- thority, that religious devotion, which is a part of this compact, cannot so much as be made a subject of human laws; and that all laws must conform themselves to this prior existing compact, and not assume to make the compact conform to the laws, which, besides being human, are subsequent thereto. The first act of man, when he looked around and saw himself a creature which he did not make, and a world furnished for his reception, must have been devotion; and devotion must ever continue sacred to every individual man, as it appears right to him; and governments do mischief by interfering. 142 WRITINGS OF THOMAS PAINE that reflected, and it only erred by not reflecting far enough. A Declaration of Rights is, by reciprocity, a Declaration of Duties also. What- ever is my right as a man, is also the right of another; and it becomes my duty to guarantee, as well as to possess. The three first articles are the basis of lib- erty, as well individual as national; nor can any country be called free, whose government does not take its beginning from the principles they contain, and continue to preserve them pure; and the whole of the Declaration of Rights is of more value to the world, and will do more good, than all the laws and statutes that have yet been promulgated. In the declaratory exordium which prefaces the Declaration of Rights, we see the solemn and majestic spectacle of a nation opening its com- mission, under the auspices of its Creator, to es- tablish a Government; a scene so new, and so transcendently unequalled by any thing in the European world, that the name of a revolution is diminutive of its character, and it rises into a regeneration of man. What are the present governments of Eu- rope, but a scene of iniquity and oppression? What is that of England? Do not its own in- 143 WRITINGS OF THOMAS PAINE habitants say, It is a market where every man has his price, and where corruption is common traffic, at the expense of a deluded people? No w^onder, then, that the French Revolution is tra- duced. Had it confined itself merely to the de- struction of flagrant despotism, perhaps Mr. Burke and some others had been silent. Their cry now is, "It is gone too far:" that is, it has gone too far for them. It stares corruption in the face, and the venal tribe are all alarmed. Their fear discovers itself in their outrage, and they are but publishing the groans of a wounded vice. But from such opposition, the French Revo- lution, instead of suffering, receives an homage. The more it is struck, the more sparks it will emit ; and the fear is, it will not be struck enough. It has nothing to dread from attacks: Truth has given it an establishment; and Time will record it with a name as lasting as his own. Having now traced the progress of the French Revolution through most of its principal stages, from its commencement, to the taking of the BastiUe, and its establishment by the Declara- tion of Rights, I will close the subject with the energetic apostrophe of M. de la Fayette — May 144 WRITINGS OF THOMAS PAINE iJiis great monument^ raised to Liberty, serve as a lesson to the oppressor, and an example to the oppressed!* * See p. 16 of this work. — N. B. Since the taking of the Bas- tille, the occurrences have been published; but the matters re- corded in this narrative are prior to that period; and some of them, as may be easily seen, can be but very little known. 145 MISCELLANEOUS CHAPTER TO prevent interrupting the argument of the preceding part of this work, or the narra- tive that follows it, I reserved some observa- tions to be thrown together into a Miscellane- ous Chapter; by which variety might not be censured for confusion. Mr. Burke's book is all Miscellany. His intention was to make an at- tack on the French Revolution; but instead of proceeding with an orderly arrangement, he has stormed it with a mob of ideas tumbling over and destroying one another. But this confusion and contradiction in Mr. Burke's book is easily accounted for. When a man in a long cause attempts to steer his course by any thing else than some polar truth or prin- ciple, he is sure to be lost. It is beyond the com- pass of his capacity to keep all the parts of an argument together, and make them unite in one issue by any other means than having this guide always in view. Neither memory nor invention will supply the want of it. The former fails him, and the latter betrays him. Notwithstanding the nonsense, for it deserves 146 WRITINGS OF THOMAS PAINE no better name, that Mr. Burke has asserted about hereditary rights, and hereditary succes- sion, and that a nation has not a right to form a government for itself; it happened to fall in his way to give some account of what Government is. "Government" says he, "is a contrivance of human wisdom." Admitting that Government is a contrivance of human wisdom, it must necessarily follow, that hereditary succession, and hereditary rights (as they are called) , can make no part of it, be- cause it is impossible to make wisdom hereditary ; and on the other hand, that cannot be a wise con- trivance, which in its operation may commit the government of a nation to the wisdom of an idiot. The ground which Mr. Burke now takes, is fatal to every part of his cause. The argument changes from hereditary rights to hereditary wisdom ; and the question is. Who is the wisest man? He must now show that every one in the line of hereditary succession was a Solomon, or his title is not good to be a king. What a stroke has Mr. Burke now made I To use a sailor's phrase, he has swabbed the deck, and scarcely left a name legible in the list of kings; and he has mowed down and thinned the House of Peers, with a scythe as formidable as 147 WRITINGS OF THOMAS PAINE Death and Time. But Mr. Burke appears to have been aware of this retort, and he has taken care to guard against it, by making government to be not only a contrivance of human wisdom, but a monopoly of wisdom. He puts the nation as fools on one side, and places his government of wisdom, all wise men of Gotham, on the other side; and he then proclaims, and says, that "meii have a right that their wants should be pro- vided for by this wisdomj" Having thus made proclamation, he next pro- ceeds to explain to them what their wants are, and also what their rights are. In tliis he has succeeded dexterously, for he makes their wants to be a want of wisdom; but as this is but cold comfort, he then informs them, that they have a right (not to any of the wisdom) but to be governed by it ; and in order to impress them with a solemn reverence for this monopoly- government of wisdom, and of its vast capacity for all purposes, possible or impossible, right or wrong, he proceeds with astrological, mysterious importance, to tell them its powers in these words — "The Rights of Man in government are their advantages; and these are often in balances be- tween differences of good; and in compromises 148 WRITINGS OF THOMAS PAINE sometimes between good and evil, and sometimes between evil and evil. Political reason is a com- puting principle; adding, subtracting, multiply- ing, and dividing, morally and not metaphy- sically, or mathematically, true moral demonstra- tions." As the wondering audience whom Mr. Burke supposes himself talking to, may not understand all this learned jargon, I will undertake to be its interpreter. The meaning then, good people, of all this, is, that government is governed hy no principle whatever; that it can make evil good, or good evil, just as it pleases. In short, that gov- ernment is arbitrary power. But there are some things which Mr. Burke has forgotten. First, he has not shown where the wisdom originally came from ; and, secondly, he has not shown by what authority it first began to act. In the manner he introduces the matter, it is either government stealing wisdom, or wis- dom stealing government. It is without an origin, and its powers without authority. In short, it is usurpation. Whether it be from a sense of shame, or from a consciousness of some radical defect in a gov- ernment necessary to be kept out of sight, or from both, or from some other cause, I undertake 149 WRITINGS OF THOMAS PAINE not to determine ; but so it is, that a monarchical reasoner never traces government to jits source, or from its som-ce. It is one of the shibboleths by which he may be known. A thousand years hence, those who shall live in America, or in France, will look back with contemplative pride on the origin of their gov- ernments, and say, this was the work of our glor- ious ancestors! But what can a monarchical talker say? What has he to exult in? Alas! he has nothing. A certain something forbids him to look back to a beginning, lest some robber, or some Robin Hood, should rise from the long ob- scurity of time, and say, I am the origin! Hard as Mr. Burke labored under the Re- gency Bill and Hereditary Succession two years ago, and much as he dived for precedents, he stiU had not boldness enough to bring up William of Normandy and say, there is the head of the list! there is the fountain of honor! the son of a prosti- tute, and the plunderer of the English nation. The opinions of men, with respect to govern- ment, are changing fast in aU countries. The revolutions of America and France have thrown a beam of light over the world, which reaches into man. The enormous expense of governments has provoked people to think by making them 150 WRITINGS OF THOMAS PAINE feel; and when once the veil begins to rend, it admits not of repair. Ignorance is of a peculiar nature: once dis- pelled, it is impossible to re-establish it. It is not originally a thing of itself, but is only the ab- sence of knowledge; and though man may be hept ignorant, he cannot be made ignorant. The mind, in discovering truth, acts in the same manner as it acts through the eye in dis- covering objects; when once any object has been seen, it is impossible to put the mind back to the same condition it was in before it saw it. Those who talk of a counter-revolution in France show how little they understand of man. There does not exist in the compass of lan- guage, an arrangement of words to express so much as the means of effecting a counter-revolu- tion. The means must be an obliteration of knowledge; and it has never yet been discovered how to make a man unknow his knowledge, or unthink his thoughts. Mr. Burke is laboring in vain to stop the progress of knowledge; and it comes with the worse grace from him, as there is a certain trans- action known in the City, which renders him sus- pected of being a pensioner in a fictitious name.* * The biographers of Burke have silently passed over this 151 WRITINGS OF THOMAS PAINE This may account for some strange doctrine he has advanced in his book, which, though he points it at the Revolution Society, is effectually di- rected against the whole nation. "The King of England," says he, "holds his crown (for it does not belong to the nation, ac- cording to Mr. Burke) in contempt of the choice of the Revolution Society, who have not a single vote for a king among them either individually or collectively; and His Majesty's heirs, each in their time and order, will come to the crown with the same conte7npt of their choice, with which His Majesty has succeeded to that which he now wears." As to who is king of England or elsewhere, accusation. A letter of John Hall, dated London, May 1st, 1792, written to a relative in Leicester, says : " You will remember that there was a vote carried, about the conclusion of the American war, that the influence of the Crown had increased, was increas- ing, and should be diminished. Burke, poor, and like a good angler, baited a hook with a bill to bring into Parliament, that no pensions should be given above £300 a year, but what should be publicly granted, and for what. (I may not be quite particular.) To stop that he took in another person's name £1,500 a year for life, and some time past he disposed of it, or sold his life out." In 1819, "William Cobbett declared: "As my Lord Grenville introduced the name of Burke, suffer me, My Lord, to introduce the name of the man (Paine) who put this Burke to shame, who drove him off the public stage to seek shelter in the Pension List, and who is now named fifty million times where the name of the pensioned Burke is mentioned once." A couplet of the period ran: " A pension makes him change his plan. And loudly damn the rights of man." —Ed. 152 WRITINGS OF THOMAS PAINE or whether there is any at all, or whether the people choose a Cherokee chief, or a Hessian hussar for a king, is not a matter that I trouble mj^self about, — be that to themselves; but with respect to the doctrine, so far as it relates to the rights of men and nations, it is as abominable as any thing ever uttered in the most enslaved country under heaven. Whether it sounds worse to my ear, by not being accustomed to hear such despotism, than it does to the ear of another person, I am not so well a judge of; but of its abominable principle, I am at no loss to judge. It is not the Revolution Society that Mr. Burke means; it is the nation, as well in its original^ as in its representative character; and he has taken care to make himself understood, by saying, that they have not a vote either collective- ly or individually. The Revolution Society is composed of citi- zens of all denominations, and of members of both Houses of Parliament; and consequently, if there is not a right to vote in any of the char- acters, there can be no right to any, either in the nation or in its Parliament. This ought to be a caution to every country, how it imports foreign families to be kings. It is 153 WRITINGS OF THOMAS PAINE somewhat curious to observe, that although the people of England have been in the habit of talk- ing about kings, it is always a foreign house of kings; hating foreigners, yet governed by them. It is now the House of Brunswick, one of the petty tribes of Germany. It has hitherto been the practise of the Eng- lish Parliaments, to regulate what was called the succession, (taking it for granted, that the na- tion then continued to accord to the form of an- nexing a monarchical branch to its government; for without this, the Parliament could not have had the authority to have sent either to Holland or to Hanover, or to impose a king upon a nation against its will). And this must be the utmost limit to which Parliament can go upon the case; but the right of the nation goes to the whole case, because it has the right of changing its whole form of government. The right of a parliament is only a right in trust, a right by delegation, and that but of a very small part of the nation; and one of its Houses has not even this. But the right of the nation is an original right, as universal as taxa- tion. The nation is the paymaster of every thing, and every thing must conform to its gen- eral will. 154 WRITINGS OF THOMAS PAINE I rememl)er taking notice of a speech in what is called the English House of Peers, by the then Earl of Shelburne, and I think it was at the time he was Minister, which is applicable to this case. I do not directly charge my memory with every particular; but the words and the purport, as nearly as I remember, were these: That the form of a government was a matter wholly at the will of the nation at all times: that if it chose a monarchial form, it had a right to have it so; and if it afterwards chose to be a republic, it had a right to be a republic, and to say to a king, "We have no longer any occasion for you." When Mr. Burke says that "His Majesty's heirs and successors, each in their time and order, will come to the crown with the same contempt of their choice with which His Majesty has succeed- ed to that he wears," it is saying too much even to the humblest individual in the country; part of whose daily labor goes toward making up the million sterling a year, which the country gives the person it styles a king. Government with insolence is despotism; but when contempt is added, it becomes worse; and to pay for con- tempt, is the excess of slavery. This species of government comes from Ger- many ; and reminds me of what one of the Bi*uns- 155 WRITINGS OF THOMAS PAINE wick soldiers told me, who was taken prisoner by the Americans in the late war. "Ah!" said he, "America is a fine, free country; it is worth the people's fighting for; I know the difference by knowing my own: in my country, if the Prince says, Eat straw, we eat straw." God help that country, thought I, be it England or else- where, whose liberties are to be protected by German principles of government, and Princes of Brunswick. As Mr. Burke sometimes speaks of England, sometimes of France, and sometimes of the M orld, and of government in general, it is diffi- cult to answer his book without apparently meet- ing him on the same ground. Although princi- ples of government are general subjects, it is next to impossible in many cases to separate them from the idea of place and circumstance ; and the more so when circumstances are put for argu- ments, which is frequently the case with Mr. Burke. In the former part of his book, addressing himself to the people of France, he says, " No experience has taught us, (meaning the Eng- lish), that in any other course or method than that of an hereditary crown, can our liberties be regularly perpetuated and preserved sacred as 156 WRITINGS OF THOMAS PAINE our hereditary right" I ask Mr. Burke who is to take them away. M. de la Fayette, in speak- ing to France says, "For a nation to he free, it is sufficient that she mils it." But Mr. Burke represents England as want- ing capacity to take care of itself, and that its liberties must be taken care of by a king, holding it in "contempt." If England is sunk to this, it is preparing itself to eat straw, as in Hanover or in Brunswick. But besides the foUy of the declaration, it happens that the facts are all against Mr. Burke. It was by the government being hereditary, that the liberties of the people were endangered. Charles I and James II are instances of this truth ; yet neither of them went so far as to hold the nation in contempt. As it is sometimes of advantage to the peo- ple of one country, to hear what those of other countries have to say respecting it, it is possible that the people of France may learn something from Mr. Burke's book, and that the people of England may also learn something from the answers it will occasion. When nations fall out about freedom, a wide field of debate is opened. The argument commences with the rights of war, without its evils; and as knowledge is the object contended for, the party that sustains the defeat 157 WRITINGS OF THOMAS PAINE obtains the prize. Mr. Burke talks about what he calls an hereditary crown, as if it were some production of nature; or as if, hke Time, it had a power to operate, not only independently, but in spite of man ; or as if it were a thing or a sub- ject universally consented to. Alas! it has none of those properties, but is the reverse of them all. It is a thing of imagination, the propriety of which is more than doubted, and the legahty of which in a few years will be denied. But, to arrange this matter in a clearer view than what general expressions can convey, it will be necessary to state the distinct heads under which (what is called) an hereditary crown, or, more properly speaking, an hereditary succession to the government of a nation, can be consid- ered; which are, First, The right of a particular family to estabhsh itself. Secondly, The right of a nation to establish a particular family. With respect to the first of these heads, that of a family estabhshing itself with hereditary powers on its own authority, and independent of the consent of a nation, all men will concur in calling it despotism ; and it would be trespassing on their understanding to attempt to prove it. 158 WRITINGS OF THOMAS PAINE But the second head, that of a nation estab- hshing a particular family with hereditary pow- ers, does not present itself as despotism on the first reflection; but if men will permit a second reflection to take place, and carry that reflection forward but one remove out of their own persons to that of their offspring, they will then see that hereditary succession becomes in its consequences the same despotism to others, which they repro- bated for themselves. It operates to preclude the consent of the succeeding generations; and the preclusion of consent is despotism. When the person who at any time shall be in possession of a government, or those who stand in succession to him, shall say to a nation, I hold this power in " contempt " of you, it signifies not on what authority he pretends to say it. It is no relief, but an aggravation to a person in slavery, to reflect that he was sold by his parent; and as that which heightens the criminality of an act cannot be produced to prove the legality of it, hereditary succession cannot be established as a legal thing. In order to arrive to a more perfect decision on this head, it will be proper to consider the generation which undertakes to estabhsh a fam- ily with hereditary powers, apart and separate 159 WRITINGS OF THOMAS PAINE from the generations which are to follow; and also to consider the character in which the first generation acts with respect to succeeding gen- erations. The generation which first selects a person, and puts him at the head of its government, either with the title of king, or any other dis- tinction, acts its own choice, be it wise or foolish, as a free agent for itself. The person so set up is not hereditary, but selected and appointed; and the generation who sets him up, does not live under an hereditary government, but under a government of its own choice and establish- ment. Were the generation who sets him up, and the person so set up, to live for ever, it never could become hereditary succession; and of con- sequence, hereditary succession can only follow on the death of the first parties. As therefore hereditary succession is out of the question with respect to the iirst generation, we have now to consider the character in which that generation acts with respect to the com- mencing generation, and to all succeeding ones. It assumes a character, to which it has neither right nor title. It changes itself from a legis- lator to a testator, and affects to make its will, which is to have operation after the demise of the 160 WRITINGS OF THOMAS PAINE makers, to bequeath the government; and it not only attempts to bequeath, but to estabhsh on the succeeding generation, a new and different form of government under which itself lived. Itself, as is already observed, lived not under an hereditary government, but under a govern- ment of its own choice and establishment; and it now attempts, by virtue of a will and testament, (which it has not authority to make), to take from the commencing generation, and all future ones, the rights and free agency by which itself acted. But, exclusive of the right which any genera- tion has to act collectively as a testator, the ob- jects to which it applies itself in this case, are not within the compass of any law, or of any wiU or testament. The rights of men in society, are neither de- visable, nor transferable, nor annihilable, but are descendible only; and it is not in the power of any generation to intercept finally, and cut off the descent. If the present generation, or any other, are disposed to be slaves, it does not lessen the right of the succeeding generation to be free : wrongs cannot have a legal descent. When ]Mr. Burke attempts to maintain, that the English nation did at the Revolution of 1688, most sol- 161 WRITINGS OF THOMAS PAINE emnly renounce and abdicate their rights for themselves, and for all their posterity for ever; he speaks a language that merits not reply, and which can only excite contempt for his prostitute principles, or pity for his ignorance. In whatever light hereditary succession, as growing out of the will and testament of some former generation, presents itself, it is an ab- surdity. A cannot make a will to take from B the property of B, and give it to C; yet this is the manner in which (what is called) hereditary succession by law operates. A certain former generation made a will, to take away the rights of the commencing gen- eration, and all future ones, and to convey those rights to a third person, who afterwards comes forward, and teUs them, in ^Ir. Burke's lan- guage, that they have no rights, that their rights are already bequeathed to him, and that he will govern in contempt of them. From such prin- ciples, and such ignorance, Good Lord deliver the world! But, after all, what is this metaphor, called a crown, or rather what is monarchy? Is it a thing, or is it a name, or is it a fraud? Is it a " contrivance of human wisdom," or human craft, to obtain money from a nation under spe- 162 WRITINGS OF THOMAS PAINE cious pretenses? Is it a thing necessary to a nation? If it is, in what does that necessity con- sist, what service does it perform, what is its business, and what are its merits? Doth the virtue consist in the metaphor, or in the man? Doth the goldsmith that makes the crown, make the virtue also? Doth it operate like Fortunatus' wishing cap or Harlequin's M^ooden sword? Doth it make a man a conjuror? In fine, what is it? It appears to be a something going much out of fashion, falling into ridicule, and rejected in some countries both as unneces- sary and expensive. In America it is considered as an absurdity, and in France it has so far declined, that the goodness of the man, and the respect for his personal character are the only things that preserve the appearance of its exist- ence. If government he what Mr. Burke describes it, "a contrivance of human wisdom," I might ask him if wisdom was at such a low ebb in England, that it was become necessary to import it from Holland and from Hanover? But I will do the country the justice to say, that was not the case; and even if it was, it mistook the cargo. The wisdom of every country, when properly exerted, is sufficient for all its purposes: and 163 WRITINGS OF THOMAS PAINE there could exist no more real occasion in Eng- land to have sent for a Dutch stadtholder, or a German elector, than there was in America to have done a similar thing. If a country does not understand its own affairs, how is a foreigner to understand them, who knows neither its laws, its manners, nor its language? If there existed a man so transcend- ently wise above all others, that his wisdom was necessary to instruct a nation, some reason might be offered for monarchy; but when we cast our eyes about a country, and observe how every part understands its own affairs; and when we look around the world, and see that of all men in it, the race of kings are the most insignificant in capacity, our reason cannot fail to ask us — What are those men kept for? If there is any thing in monarchy which we people of America do not understand, I wish Mr. Burke would be so kind as to inform us. I see in America, a government extending over a country ten times as large as England, and con- ducted with regularity for a fortieth part of the expense which government costs in England, If I ask a man in America, if he wants a king, he retorts, and asks me if I take him for an idiot. How is it that this difference happens? Are we 164 WRITINGS OF THOMAS PAINE more or less wise than others? I see in America, the generality of the people living in a stjde of plenty unknown in monarchial countries; and I see that the principle of its government, which is that of the equal Rights of Man, is making a raj)id progress in the world. If monarchy is a useless thing, why is it kept up any where? and if a necessary thing, how can it be dispensed with? That civil government is necessary, all civilized nations will agree; but civil government is republican government. All that part of the government of England which begins with the office of constable, and proceeds through the departments of magistrate, quarter- session, and general assize, including the trial by jury, is republican government. Nothing of monarchy appears in any part of it, except the name which William the Conqueror imposed upon the English, that of obliging them to call him " their Sovereign Lord the King." It is easy to conceive, that a band of inter- ested men, such as j^lacemen, pensioners, lords of the bed-chamber, lords of the kitchen, lords of the necessary-house, and the Lord knows what besides, can find as many reasons for monarchy as their salaries, paid at the expense of the coun- try, amount to ; but if I ask the farmer, the man- 165 WRITINGS OF THOMAS PAINE ufacturer, the merchant, the tradesman, and down through all the occupations of life to the common laborer, what service monarchy is to him? He can give me no answer. If I ask him what monarchy is, he believes it is something like a sinecure. Notwithstanding the taxes of England amount to almost seventeen millions a year, said to be for the expenses of government, it is stiU evident that the sense of the nation is left to govern itself, and does govern itself by magis- trates and juries, almost at its own charge, on republican principles, exclusive of the expense of taxes. The salaries of the judges are almost the only charge that is paid out of the revenue. Considering that all the internal government is executed by the people, the taxes of England ought to be the lightest of any nation in Europe; instead of which, they are the contrary. As this cannot be accounted for on the score of civil government, the subject necessarily extends it- self to the monarchial part. When the people of England sent for George I (and it would puzzle a wiser man than Mr. Burke to discover for what he could be wanted or what service he could render), they ought at least to have conditioned for the aban- 166 WRITINGS OF THOMAS PAINE doninent of Hanover. Besides the endless Ger- man intrigues that must follow from a German elector heing king of England, there is a nat- ural impossibility of uniting in the same person the principles of freedom and the principles of despotism, or, as it is usually called in England, arbitrary power. A German elector is, in his electorate, a despot: how then could it be ex- pected that he should be attached to principles of liberty in one country, while his interest in an- other was to be supported by despotism? The union cannot exist ; and it might easily have been foreseen, that German electors would make Ger- man kings, or, in Mr. Burke's words, would as- sume government with "contempt." The English have been in the habit of consid- ering a king of England only in the character in which he appears to them; whereas the same person, while the connection lasts, has a home- seat in another country, the interest of which is different to their own, and the principles of the governments are in opposition to each other. To such a person England will appear as a town- residence, and the electorate as the estate. The English may wish, as I believe they do, success to the principles of hberty in France, or in Ger- many; but a German elector trembles for the 167 WRITINGS OF THOMAS PAINE fate of despotism in his electorate; and the Duchy of Mecklenburg, where the present Queen's family governs, is under the same wretched state of arbitrary power, and the peo- ple in slavish vassalage. There never was a time when it became the English to watch continental intrigues more circumspectly than at the present moment, and to distinguish the politics of the electorate from the politics of the nation. The Revolution of France has entirely changed the ground with respect to England and France, as nations: but the German despots, with Prussia at their head, are combining against liberty; and the fondness of Mr. Pitt for office, and the interest which all his family connections have obtained, do not give sufficient security against this intrigue. As every thing which passes in the world be- comes matter for history, I will now quit this subject, and take a concise review of the state of parties and politics in England, as Mr. Burke has done in France. Whether the present reign coimnenced with contempt, I leave to Mr. Burke: certain how- ever it is, that it had strongly that appearance. The animosity of the English nation, it is very well remembered, ran high; and, had the true 168 WRITINGS OF THOMAS PAINE principles of liberty been as well understood then as they now promise to be, it is probable the nation would not have patiently submitted to so much. George I and II were sensible of a rival in the remains of the Stuarts; and as they could not but consider themselves as stand- ing on their good behavior, they had prudence to keep their German principles of government to themselves; but as the Stuart family wore away, the prudence became less necessary. The contest between rights, and what were called prerogatives, continued to heat the nation till some time after the conclusion of the Ameri- can War, when all at once it fell calm; execra- tion exchanged itself for applause, and court popularity sprung up like a mushroom in a night. To account for this sudden transition, it is proper to observe, that there are two distinct species of popularity; the one excited by merit, the other by resentment. As the nation had formed itself into two parties, and each was ex- tolling the merits of its parliamentary cham- pions for and against prerogative, nothing could operate to give a more general shock than an immediate coalition of the champions themselves. The partisans of each being thus suddenly left iv-15 169 WRITINGS OF THOMAS PAINE in the lurch, and mutually heated with disgust at the measure, felt no other relief than uniting in a common execration against both. A higher stimulus of resentment being thus excited, than what the contest of prerogatives had occasioned, the nation quitted all former objects of rights and wrongs, and sought only that of gratifica- tion. The indignation at the coalition, so effectu- ally superseded the indignation against the Court, as to extinguish it; and without any change of principles on the part of the Court, the same people who had reprobated its despot- ism, united with it, to revenge themselves on the Coalition Parliament. The case was not, which they liked best, — but, which they hated most; and the least hated passed for love. The dissolu- tion of the Coalition Parliament, as it afforded the means of gratifying the resentment of the nation, could not fail to be popular; and from hence arose the popularity of the Court. Transitions of this kind exhibit a nation under the government of temper, instead of a fixed and steady principle, and having once committed itself, however rashly, it feels itself urged along, to justify by continuance its first proceeding. Measures which at other times it would censure, 170 WRITINGS OF THOMAS PAINE it now approves, and acts persuasion upon itself to suffocate its judgment. On the return of a new Parliament, the new Minister, ]Mr. Pitt, found himself in a secure majority: and the nation gave him credit, not out of regard to himself, but because it had re- solved to do it out of resentment to another. He introduced himself to public notice by a proposed reform of Parliament, which in its operation would have amounted to a public justification of corruption. The nation was to be at the expense of buying up the rotten boroughs, whereas it ought to punish the persons who deal in the traffic. Passing over the two bubbles, of the Dutch business, and the million a year to sink the na- tional debt, the matter which most presents itself, is the affair of the Regency. Never, in the course of my observation, was delusion more suc- cessfully acted, nor a nation more completely deceived. But, to make this appear, it will be necessary to go over the circumstances. Mr. Fox had stated in the House of Com- mons, that the Prince of Wales, as heir in suc- cession, had a right in himself to assume the gov- ernment. This was opposed by Mr. Pitt; and, so far as the opposition was confined to the doc- 171 WRITINGS OF THOMAS PAINE trine, it was just. But the principles which Mr. Pitt maintained on the contrary side, were as bad, or worse in their extent, than those of Mr. Fox; because they went to estabhsh an aristoc- racy over the nation, and over the small repre- sentation it has in the House of Commons. Whether the English form of government be good or bad, is not in this case the question; but, taking it as it stands, without regard to its merits or demerits, Mr. Pitt was farther from the point than Mr. Fox. It is supposed to consist of three parts ; while, therefore, the nation is disposed to continue this form, the parts have a national standings inde- pendent of each other, and are not the creatures of each other. Had Mr. Fox passed through Parliament, and said that the person alluded to claimed on the ground of the nation, Mr. Pitt must then have contended (what he called) the right of the Parliament, against the right of the nation. By the appearance which the contest made, Mr. Fox took the hereditary ground, and Mr. Pitt the parliamentary ground; but the fact is, they both took hereditary ground, and Mr. Pitt took the worst of the two. What is called the Parliament is made up of 172 WRITINGS OF THOMAS PAINE two Houses; one of which is more hereditary, and more beyond the control of the nation, than what the Crown (as it is called) is supposed to be. It is an hereditary aristocracy, assuming and asserting indefeasible, irrevocable rights and authority, wholly independent of the nation. Where then was the merited popularity of exalt- ing this hereditary power over another hereditary power less independent of the nation than what itself assumed to be, and of absorbing the rights of the nation into a House over which it has neither election nor control? The general impulse of the nation was right ; but it acted without reflection. It approved the opposition made to the right set up by INIr. Fox, without perceiving that Mr. Pitt was supporting another indefeasible right, more remote from the nation, in opposition to it. With respect to the House of Commons, it is elected but by a small part of the nation; but were the election as universal as taxation, which it ought to be, it would still be only the organ of the nation, and cannot possess inherent rights. When the National Assembly of France resolves a matter, the resolve is made in right of the na- tion; but Mr. Pitt, on all national questions, so far as they refer to the House of Commons, ab- 173 WRITINGS OF THOMAS PAINE sorbs the rights of the nation into the organ, and makes the organ into a nation, and the nation itself into a cipher. In a few words, the question on the Regency was a question on a million a year, which is ap- propriated to the executive department ; and Mr. Pitt could not possess himself of any manage- ment of this sum, without setting up the suprem- acy of Parliament; and when this was accom- plished, it was indifferent who should be Regent, as he must be Regent at his own cost. Among the curiosities which this contentious debate afforded, was that of making the Great Seal into a King; the affixing of which to an act, was to be royal authority. If, therefore, royal authority is a great seal, it consequently is in itself nothing ; and a good constitution would be of infinitely more value to the nation, than what the three Nominal Powers, as they now stand, are worth. The continual use of the word Constitution in the English Parliament, shows there is none; and that the whole is merely a form of govern- ment without a constitution, and constituting itself with what power it pleases. If there were a constitution, it certainly could be referred to; and the debate on any constitutional point, would terminate by producing the constitution. One 174 WRITINGS OF THOMAS PAINE member saj^s, "this is constitution;" and another says, "that is constitution." To-day it is one thing; and to-morrow, it is something else — while the maintaining the debate proves there is none. Constitution is now the cant word of Par- liament, tuning itself to the ear of the nation. Formerly it was the universal supremacy of Par- liament— the omnipotence of Parliament. But since the progrQ,ss of liberty in France, those phrases have a despotic harshness in their note; and the English Parliament has caught the fash- ion from the National Assembly, but without the substance, of speaking of a Constitution. As the present generation of people in Eng- land did not make the Government, they are not accountable for its defects; but that sooner or later it must come into their hands to undergo a national reformation, is as certain as that the same thing has happened in France. If France, with a revenue of nearly twenty- four million sterling, with an extent of rich and fertile country above four times larger than England, with a population of twenty-four mil- lions of inhabitants to support taxation, with up- wards of ninety millions sterHng of gold and sil- ver circulating in the nation, and with a debt less than the present debt of England — still found 175 WRITINGS OF THOMAS PAINE it necessary, from whatever cause, to come to a settlement of its affairs, it solves the problem of funding for both countries. It is out of the question to say how long what is called the Enghsh Constitution has lasted, and to argue from thence how long it is to last; the question is, how long can the funding system last? It is a thing but of modern invention, and has not yet continued beyond the hfe of a man; yet in that short space it has so far accumulated, that, together with the current expenses, it re- quires an amount of taxes at least equal to the whole landed rental of the nation in acres, to de- fray the annual expenditure. That a govern- ment could not always have gone on by the same system which has been followed for the last sev- enty years, must be evident to every man; and for the same reason it cannot always go on. The funding system is not money; neither is it, properly speaking, credit. It in effect creates upon paper the sum which it appears to borrow, and lays on a tax to keep the imaginary capital alive by the payment of interest, and sends the annuity to market, to be sold for paper already in circulation. If any credit is given, it is to the disposition of the people to pay the tax, and not to the government which lays it on. When this 1T6 ^WRITINGS OF THOMAS PAINE disposition expires, what is supposed to be the credit of government expires with it. The in- stance of France under the former Government, shows that it is impossible to compel the pay- ment of taxes by force, when a whole nation is determined to take its stand upon that ground. Mr. Burke, in his review of the finances of France, states the quantity of gold and silver in France, at about eighty-eight millions sterhng. In doing this, he has, I presume, divided by the difference of exchange, instead of the standard of twenty-four livres to a pound sterling ; for M. Necker's statement, from which Mr. Burke's is taken, is two thousand two hundred millions of livreSj which is upwards of ninety-one millions and a half sterling. M. Necker in France, and Mr. George Chal- mers of the Office of Trade and Plantation in England, of which Lord Hawkesbury is presi- dent, published nearly about the same time (1786) an account of the quantity of money in each nation, from the returns of the mint of each nation. Mr. Chalmers, from the returns of the English Mint at the Tower of London, states the quantity of money in England, including Scotland and Ireland, to be twenty miUions sterling. 177 WRITINGS OF THOMAS PAINE M. Necker* says, that the amount of money; in France, recoined from the old coin which was called in, was two thousand and five hundred millions of livres, (upwards of one hundred and four millions sterling) ; and, after deducting for waste, and what may be in the West Indies, and other possible circumstances, states the circula- tion quantity at home, to be ninety-one millions and a half sterling; but, taking it as Mr. Burke has put it, it is sixty-eight millions more than the national quantity in England. That the quantity of money in France cannot be under this sum, may at once be seen from the state of the French revenue, without referring to the records of the French JMint for proofs. The revenue of France prior to the Revolution, was nearly twenty-four millions sterling; and as paper had then no existence in France, the whole revenue was collected upon gold and silver; and it would have been impossible to have collected such a quantity of revenue upon a less national quantity than M. Necker has stated. Before the establishment of paper in Eng- land, the revenue was about a fourth part of the national amount of gold and silver, as may • See " Administration of the Finances of France," Vol. III. by M. Necker. 178 WRITINGS OF THOMAS PAINE be known by referring to the revenue prior to King William, and the quantity of money stated to be in the nation at that time, which was nearly as much as it is now. It can be of no real service to a nation, to impose upon itself, or to permit itself to be im- posed upon; but the prejudices of some, and the imposition of others, have always represented France as a nation possessing but little money, whereas the quantity is not only more than four times what the quantity is in England, but is considerably greater on a proportion of numbers. To account for this deficiency on the part of England, some reference should be had to the English system of funding. It operates to mul- tiply paper and to substitute it in the room of money, in various shapes; and the more paper is multiplied, the more opportunities are afforded to export the specie; and it admits of a possi- bihty (by extending it to small notes) of increas- ing paper till there is no money left. I know this is not a j)leasant subject to Eng- lish readers ; but the matters I am going to men- tion, are so important in themselves, as to require the attention of men interested in money-trans- actions of a public nature. There is a circum- stance stated by M. Necker, in his treatise on the 179 WRITINGS OF THOMAS PAINE administration of the finances, which has never been attended to in England, but which forms the only basis whereon to estimate the quantity of money (gold and silver) which ought to be in every nation in Europe, to preserve a relative proportion with other nations. Lisbon and Cadiz are the ports into which (money) gold and silver from South America are imported, and which afterwards divides and spreads itself over Europe by means of com- merce, and increases the quantity of money in all parts of Europe. If, therefore, the amount of the annual importation into Europe can be known, and the relative proportion of the for- eign commerce of the several nations by which it is distributed can be ascertained, they give a rule, sufficiently true, to ascertain the quantity of money which ought to be found in any nation, at any given time. M. Necker shows from the registers of Lis- bon and Cadiz, that the importation of gold and silver into Europe, is five millions sterling annu- ally. He has not taken it on a single year, but on an average of fifteen succeeding years, from 1763 to 1777, both inclusive; in which time, the amount was one thousand eight hundred million livres, in which is seventy-five millions sterling 180 WRITINGS OF THOMAS PAINE From the commencement of the Hanover Succession in 1714, to the time Mr. Chalmers published, is seventy-two years ; and the quantity imported into Europe, in that time, would be three hundred and sixty millions sterling. If the foreign commerce of Great Britain be stated at a sixth part of what the whole foreign commerce of Europe amounts to, (which is prob- ably an inferior estimation to what the gentle- men at the Exchange would allow), the propor- tion which Britain should draw by commerce of this sum, to keep herself on a proportion with the rest of Europe, would be also a sixth part, which is sixty millions sterling; and if the same allow- ance for waste and accident be made for Eng- land which M. Necker makes for France, the quantity remaining after these deductions would be fifty-two millions. This sum ought to have been in the nation (at the time Mr. Chalmers published) in addition to the sum which was in the nation at the commencement of the Hanover Succession, and to have made in the whole at least sixty-six millions sterling ; instead of which, there were but twenty millions, which is forty- six millions below its proportionate quantity. As the quantity of gold and silver imported into Lisbon and Cadiz is more exactly ascertained 181 WRITINGS OF THOMAS PAINE than that of any commodity imported into Eng- land, and as the quantity of money coined at the Tower of London is still more positively known, the leading facts do not admit of controversy. Either, therefore, the commerce of England is unproductive of profit, or the gold and silver which it brings in, leak continually away by un- seen means, at the average rate of about three- quarters of a million a year, which, in the course of seventy-two years, accounts for the deficiency ; and its absence is supplied by paper.* *Whether the English commerce does not bring in money, or whether the Government sends it out after it is brought in, is a matter which the parties concerned can best explain; but that the deficiency exists, is not in the power of either to disprove. While Dr. Price, Mr. Eden (now Auckland), Mr. Chalmers, and others, were debating whether the quantity of money was greater or less than at the Revolution, the circumstance was not adverted to, that since the Revolution, there cannot have been less than four hundred millions sterling imported into Europe; and there- fore, the quantity in England ought at least to have been four times greater than it was at the Revolution, to be on a proportion with Europe. What England is now doing by paper, is what she should have been able to do by solid money, if gold and silver had come into the nation in the proportion it ought, or had not been sent out; and she is endeavoring to restore by paper, the balance she has lost by money. It is certain, that the gold and silver which arrive annually in the register-ships to Spain and Portugal, do not remain in those coimtries. Taking the value half in gold and half in silver, it is about four hundred tons annually; and from the number of ships and galloons employed in the trade of bringing those metals from South America to Portugal and Spain, the quantity sufficiently proves itself, without referring to the registers. In the situation England now is, it is impossible she can 182 WRITINGS OF THOMAS PAINE The Revolution of France is attended with many novel circumstances, not only in the politi- cal sphere, but in the circle of money transac- tions. Among others, it shows that a govern- ment may be in a state of insolvency, and a nation rich. So far as the fact is confined to the late Government of France, it was insolvent; increase in money. High taxes not only lessen the property of the individuals, but they lessen also the money-capital of a nation, by inducing smuggling, which can only be carried on by gold and silver. By the politics which the British Government have car- ried on with the inland powers of Germany and the Continent, it has made an enemy of all the maritime powers, and is therefore obliged to keep up a large navy; but though the navy is built in England, the naval stores must be purchased from abroad, and that from countries where the greatest part must be paid for in gold and silver. Some fallacious rumors have been set ailoat in England to induce a belief of money, and, among others, that of the French refugees bringing great quantities. The idea is ridiculous. The general part of the money in France is silver; and it would take upward of twenty of the largest broad-wheel wagons, with ten horses each, to remove one million sterling of silver. Is it then to be supposed, that a few people fleeing on horse-back, or in post-chaises, in a secret manner, and having the French custom house to pass, and the sea to cross, could bring even a sufficiency for their own expenses? When millions of money are spoken of, it should be recollected, that such sums can only accumulate in a country by slow degrees, and a long procession of time. The most frugal system that Eng- land could now adopt, would not recover, in a century, the balance she has lost in money since the commencement of the Hanover Succession. She is seventy millions behind France, and she must be in some considerable proportion behind every country in Europe, because the returns of the English Mint do not show an increase of money, while the registers of Lisbon and Cadiz show an European increase of between three and four hundred millions sterling. 183 WRITINGS OF THOMAS PAINE because the nation would no longer support Its extravagance, and therefore it could no longer support itself; but with respect to the nation, air the means existed. A government may be said to be insolvent, every time it applies to a nation to discharge its arrears. The insolvency of the late Government of France, and the pres- ent Government of England, differed in no other respect than as the disposition of the people differ. The people of France refused their aid to the old Government; and the people of Eng- land submit to taxation without inquiry. Wliat is called the Crown in England, has been insol- vent several times; the last of which, publicly known, was in May, 1777, when it applied to the nation to discharge upwards of £600,000, pri- vate debts, which otherwise it could not pay. It was the error of Mr. Pitt, Mr. Burke, and all those who were unacquainted with the affairs of France, to confound the French na- tion with the French Government. The French nation, in effect, endeavored to render the late Government insolvent, for the purpose of taking government into its own hands; and it reserved its means for the support of the new Govern- ment. In a country of such vast extent and pop- ulation as France, the natural means cannot be 184i iWRITINGS OF THOMAS PAINE wanting; and the political means appear the in- stant the nation is disposed to permit them. When ]Mr. Burke, in a speech last winter in the British Parliament, cast his eyes over the map of Europe, and saw the chasm that once was France, he talked like a dreamer of dreams. The same natural France existed as before, and all the natural means existed with it. The only- chasm was that which the extinction of despotism had left, and which was to be filled up with a constitution more formidable in resources than the power which had expired. Although the French nation rendered the late Government insolvent, it did not permit the insolvency to act toward the creditors; and the creditors considering the nation as the real pay- master, and the Government only as the agent, rested themselves on the nation, in preference to the Government. This api^ears greatly to disturb Mr. Burke, as the precedent is fatal to the policy by which governments have supposed themselves secure. They have contracted debts, with a view of at- taching what is called the monied interest of a nation to their support; but the example in France shows, that the permanent security of the creditor is in the nation, and not in the gov- iv-16 185 WRITINGS OF THOMAS PAINE ernment; and that in all possible revolutions that may happen in governments, the means are always with the nation, and the nation always in existence. JNIr. Burke argues, that the creditors ought to have abided the fate of the Govern- ment which they trusted; but the National As- sembly considered them as the creditors of the nation, and not of the Government — of the mas- ter, and not of the steward. Notwithstanding the late Government could not discharge the current expenses, the present Government has paid off a great part of the capital. This has been accomplished by two means ; the one by lessening the expenses of gov- ernment, and the other by the sale of the monastic and ecclesiastical landed estates. The devotees and penitent debauchees, extortioners and misers of former days, to ensure themselves of a better world than that which they were about to leave, had bequeathed immense property in trust to the priesthood, for pious uses; and the priesthood kept it for themselves. The National Assembly has ordered it to be sold for the good of the whole nation, and the priesthood to be decently provided for. In consequence of the Revolution, the annual interest of the debt of France will be reduced at 186 WRITINGS OF THOMAS PAINE least six millions sterling, by paying off upwards of one hundi-ed millions of the capital; which, with lessening the former expenses of govern- ment at least three millions, will place France in a situation worthy the imitation of Europe. Upon a whole review of the subject, how vast is the contrast? While ]Mr. Burke has been talk- ing of a general bankruptcy in France, the Na- tional Assembly has been paying off the capital of its debt ; and while taxes have increased nearly a million a year in England, they have lowered several millions a year in France. Not a word has either Mr. Burke or Mr. Pitt said about French affairs, or the state of the French finances, in the present session of Parliament. The subject begins to be too well understood, and imposition serves no longer. There is a general enigma running through the whole of ^Ir. Burke's book. He writes in a rage against the National Assembly; but what is he enraged about? If his assertions were as true as they are groundless, and that France, by her Revolution, had annihilated her power, and become what he calls a chasm, it might excite the grief of a Frenchman (considering himself as a national man), and provoke his rage against the 187 WRITINGS OF THOMAS PAINE National Assembly; but why should it excite the rage of Mr. Burke? Alas! it is not the nation of France that Mr. Burke means, but the Court; and every court in Europe, dreading the same fate, is in mourning. He writes neither in the character of a French- man nor an Englishman, but in the fawning character of that creature known in all countries, and a friend to none, a Courtier. Whether it be the Court of Versailles, or the Court of St. James or Carlton-House, or the Court in expectation, signifies not; for the caterpillar principles of all courts and courtiers are alike. They form a common policy throughout Europe, detached and separate from the interest of nations: and while they appear to quarrel, they agree to plunder. Nothing can be more terrible to a court or a courtier, than the Revolution of France. That which is a blessing to nations, is bitterness to them; and as their existence depends on the du- plicity of a country, they tremble at the approach of principles, and dread the precedent that threat- ens their overthrow. 188 CONCLUSION REASON and Ignorance, the opposites of each other, influence the great bulk of mankind. If either of these can be rendered suf- ficiently extensive in a country, the machinery of government goes easily on. Reason obeys itself ; and Ignorance submits to whatever is dictated to it. The two modes of government which prevail in the world, Sive, Firsts government by election and representation: Secondly, government by hereditary succession. The former is generally known by the name of republic; the latter by that of monarchy and aristocracy. Those two distinct and opposite forms, erect themselves on the two distinct and opposite bases of Reason and Ignorance. As the exercise of government requires talents and abilities, and as talents and abilities cannot have hereditary de- scent, it is evident that hereditary succession re- quires a belief from man, to which liis reason can- not subscribe, and which can only be established upon his ignorance; and the more ignorant any country is, the better it is fitted for this species of government. 18d WRITINGS OF THOMAS PAINE On the contrary, government in a well con- stituted republic, requires no belief from man beyond v/hat his reason can give. He sees the rationale of the whole system, its origin and its operation; and as it is best supported when best understood, the human faculties act with bold- ness, and acquire, under this form of govern- ment, a gigantic manliness. As, therefore, each of those forms acts on a different base, the one moving freely by the aid of reason, the other by ignorance; we have next to consider, what it is that gives motion to that species of government which is called mixed government, or, as it is sometimes ludicrously styled, a government of this, that, and t'other. The moving power of this species of govern- ment, is of necessity, corruption. However im- perfect election and representation may be in mixed governments, they still give exercise to a greater portion of reason than is convenient to the hereditary part ; and therefore it becomes nec- essary to buy the reason up. A mixed govern- ment is an imperfect everything, cementing and soldering the discordant parts together by cor- ruption, to act as a whole. Mr. Burke appears higlily disgusted, that France, since she had re- solved on a revolution, did not adopt what he 190 WRITINGS OF THOMAS PAINE calls, "A British Constitution/^ and the regretful manner in which he expresses himself on this oc- casion, implies a suspicion, that the British Con- stitution needed something to keep its defects in countenance. In mixed governments there is no responsibil- ity: the parts cover each other till responsibility is lost; and the corruption which moves the ma- chine, contrives at the same time its own escape. When it is laid down as a maxim, that a king can do no wrong, it places him in a state of similar security with that of idiots and persons insane, and responsibility is out of the question with re- spect to himself. It then descends upon the min- ister, who shelters himself under a majority in Parliament, which, by places, pensions, and cor- ruption, he can always command; and that ma- jority justifies itself by the same authority with which it protects the minister. In this rotary motion, responsibility is thrown off from the parts, and from the whole. When there is a part in a government which can do no wrong, it implies that it does nothing; and is only the machine of another power, by whose advice and direction it acts. What is sup- posed to be the king in mixed governments is the cabinet; and as the cabinet is always a part 191 WRITINGS OF THOMAS PAINE of the parliament, and the members justifying in one character what they advise and act in an- other, a mixed government becomes a continual enigma; entaiHng upon a country, by the quan- tity of corruption necessary to solder the parts, the expense of supporting all the forms of gov- ernment at once, and finally resolving itself into a government by committee; in which the ad- visers, the actors, the approvers, the justifiers, the persons responsible, and the persons not respon- sible, are the same persons. By this pantomimical contrivance, and change of scene and character, the parts help each other out in matters which neither of them singly would assume to act. When money is to be ob- tained, the mass of variety apparently dissolves, and a profusion of parliamentary praises passes between the parts. Each admires with astonish- ment, the wisdom, the liberality, the disinterest- edness of the other; and all of them breathe a pitying sigh at the burdens of the nation. But in a well constituted republic, nothing of this soldering, praising, and pitying, can take place ; the representation being equal throughout the country, and complete in itself, however it may be arranged into legislative and executive, they have all one and the same natural source. 192 WRITINGS OF THOMAS PAINE The parts are not foreigners to each other, hke democracy, aristocrac}^ and monarchj^ As there are no discordant distinctions, there is nothing to corrupt by compromise, nor confound by con- trivance. PubHc measures appeal of themselves to the understanding of the nation, and, resting on their own merits, disown any flattering application to vanity. The continual whine of lamenting the burden of taxes, however successfully it may be practised in mixed governments, is inconsistent with the sense and spirit of a republic. If taxes are necessary, they are of course advantageous; but if they require an apology, the aj)ology itself implies an impeachment. Why then is man thus imposed upon, or why does he impose upon him- self? When men are spoken of as kings and sub- jects, or when government is mentioned under the distinct or combined heads of monarchy, aris- tocracy, and democracy, what is it that reasoning man is to understand by the terms? If there really existed in the world two or more distinct and separate elements of human power, we should then see the several origins to which those terms would descriptively apply; but as there is but one species of man, there can be but one ele- 193 WRITINGS OF THOMAS PAINE ment of human power, and that element is man himself. JNIonarchy, aristocracy, and democracy, are but creatures of imagination ; and a thousand such may be contrived, as well as three. From the revolutions of America and France, and the symptoms that have appeared in other countries, it is evident that the opinion of the world is changed with respect to systems of gov- ernment, and that revolutions are not within the compass of political calculations. The progress of time and circumstances, which men assign to the accomplishment of great changes, is too mechanical to measure the force of the mind, and the rapidity of reflection, by which revolu- tions are generated. All the old governments have received a shock from those that already appear, and which were once more improbable, and are a greater subject of wonder, than a gen- eral revolution in Europe would be now. When we survey the wretched condition of man under the monarchical and hereditary sys- tems of government, dragged from his home by one power, or driven by another, and impover- ished by taxes more than by enemies, it becomes evident that those systems are bad, and that a general revolution in the principle and construc- tion of governments is necessary. 194 WRITINGS OF THOMAS PAINE What is government more than the manage- ment of the affairs of a nation? It is not, and from its nature cannot be, the property of any particular man or family, but of the whole com- munity, at whose expense it is supported; and though bj'' force or contrivance it has been usurped into an inheritance, the usurpation can- not alter the right of things. Sovereignty, as a matter of right, appertains to the nation only, and not to any individual; and a nation has at all times an inherent indefeasible right to abolish any form of government it finds inconvenient, and establish such as accords with its interest, dis- position, and happiness. The romantic and bar- barous distinction of [making] men into kings and subjects, though it may suit the condition of courtiers, cannot that of citizens ; and is exploded by the principle upon which governments are now founded. Every citizen is a member of the sovereignty, and, as such, can acknowledge no personal subjection; and his obedience can be only to the laws. When men think of what government is, tliey must necessarily suppose it to possess a knowl- edge of all the objects and matters upon which its authority is to be exercised. In this view of government the republican system, as established 195 WRITINGS OF THOMAS PAINE by America and France, operates to embrace the whole of a nation; and the knowledge necessary to the interest of all the parts, is to be found in the center which the parts by representation form. But the old governments are on a con- struction that excludes knowledge as well as hap- piness ; government by monks, who know nothing of the world beyond the walls of a convent, is as consistent as government by kings. What were formerly called revolutions, were little more than a change of persons, or an alter- ation of local circumstances. They rose and fell like things of course, and had nothing in their existence or their fate that could influence beyond the spot that produced them. But what we now see in the world, from the revolutions of Amer- ica and France, is a renovation of the natural order of things, a system of principles as univer- sal as truth and the existence of man, and com- bining moral with political happiness and na- tional prosperity. "L Men are horn and always continue free and equal in respect to their rights. Civil dis- tinctions, therefore, can he founded only on puh- lic utility. "II. The end of all political associations is the preservation of the natural and imprescriptible 196 WRITINGS OF THOMAS PAINE rights of man; and these rights are liberty j prop- erty ^ security, and resistance of oppression. "III. The Nation is essentially the source of all Sovereignty; nor can any individual or any body of men, be entitled to any authority which is not expressly derived from it/* In these principles, there is nothing to throw a nation into confusion by inflaming ambition. They are calculated to call forth wisdom and abilities, and to exercise them for the public good, and not for the emolument or aggrandizement of particular descriptions of men or families. Monarchial sovereignty, the enemj'- of mankind, and the source of misery, is abolished ; and sover- eignty itself is restored to its natural and orig- inal place, the nation. Were this the case throughout Europe, the cause of wars would be taken away. It is attributed to Henry IV of France, a man of an enlarged and benevolent heart, that he proposed, about the year 1610, a plan of abol- ishing war in Europe. The plan consisted in constituting an European Congress, or as the French authors style it, a Pacific Rei^ublic; by appointing delegates from the several nations, who were to act as a court of arbitration in any disputes that might arise between nation and 197 WRITINGS OF THOMAS PAINE nation. Had such a plan been adopted at the time it was proposed, the taxes of England and France, as two of the parties, would have been at least ten millions sterHng annually to each nation less than they were at the commencement of the French Revolution. To conceive a cause why such a plan has not been adopted, (and that instead of a congress for the purpose of preventing war, it has been called only to terminate sl war, after fruitless expense of several years) , it will be necessary to consider the interest of governments as a distinct interest to that of nations. Whatever is the cause of taxes to a nation, becomes also the means of revenue to a govern- ment. Every war terminates with an addition of taxes, and consequently with an addition of rev- enue; and in any event of war, in the manner they are now commenced and concluded, the power and interest of governments are increased. War, therefore, from its productiveness, as it easily furnishes the pretence of necessity for taxes and appointments to places and offices, be- comes a principal part of the system of old gov- ernments; and to establish any mode to abolish war, however advantageous it might be to na- tions, would be to take from such government >198 WRITINGS OF THOMAS PAINE the most lucrative of its branches. The frivolous matters upon which war is made, show the dis- position and avidity of governments to uphold the sj^stem of war, and betray the motives upon which they act. Why are not republics plunged into war, but because the nature of their government does not admit of an interest distinct from that of the na- tion? Even Holland, though an ill-constructed republic, and with a commerce extending over the world, existed nearly a century without war: and the instant the form of government was changed in France, the republican principles of peace and domestic prosperity and economy arose with the new Government; and the same conse- quences would follow the same causes in other nations. As war is the system of government on the old construction, the animosity which nations re- ciprocally entertain, is nothing more than what the policy of their governments excites, to keep up the spirit of the system. Each government accuses the other of perfidy, intrigue, and am- bition, as a means of heating the imagination of their respective nations, and increasing them to hostilities. Man is not the enemy of man, but thi-ough the medium of a false system of govern- 199 WRITINGS OF THOMAS PAINE ment. Instead, therefore, of exclaiming against the ambition of kings, the exclamation should be directed against the principle of such govern- ments; and instead of seeking to reform the in- dividual, the wisdom of a nation should apply itself to reform the system. Whether the forms and maxims of govern- ments which are still in practise, were adapted to the condition of the world at the period they were established, is not in this case the question. The older they are, the less correspondence can they have with the present state of things. Time, and change of circumstances and opinions, have the same progressive effect in rendering modes of government o.bsolete, as they have upon customs and manners. Agriculture, commerce, manu- factures, and the tranquil arts, by which the pros- perity of nations is best promoted, require a dif- ferent system of government, and a different species of knowledge to direct its operations, than what might have been required in the former con- dition of the world. As it is not difficult to perceive, from the en- lightened state of mankind, that hereditary gov- ernments are verging to their decline, and that revolutions on the broad basis of national sov- ereignty, and government by representation, are 200 WRITINGS OF THOMAS PAINE making their way in Europe, it would be an act of wisdom to anticipate their approach, and pro- duce revolutions by reason and accommodation, rather than commit them to the issue of convul- sions. From what we now see, nothing of reform on the political world ought to be held improb- able. It is an age of revolutions, in which every thing may be looked for. The intrigue of courts, by which the system of war is kept up, may pro- voke a confederation of nations to abolish it : and an European Congress, to patronize the progress of free government, and promote the civilization of nations with each other, is an event nearer in probability, than once were the revolutions and alHance of France and America. IV.17 201 RIGHTS OF MAN PART SECOND 203 MARQUIS DE LAFAYETTE Photogravure from the Original Painting TO M. DE LA FAYETTE AFTER an acquaintance of nearly fifteen years, in difficult situations in America, and various consultations in Europe, I feel a pleasure in presenting to you this small treatise, in grati- tude for your services to my beloved America, and as a testimony of my esteem for the virtues, public and private, which I know you to possess. The only point upon which I could ever dis- cover that we differed was not as to principles of government, but as to time. For my own part, I think it equally as injurious to good principles to permit them to linger, as to push them on too fast. That which you suppose accomplishable in fourteen or fifteen years, I may believe prac- ticable in a much shorter period. Mankind, as it appears to me, are always ripe enough to under- stand their true interest, provided it be presented clearly to their understanding, and that in a man- ner not to create suspicion by any thing like self- design, nor offend by assuming too much. Where we w ould wish to reform we must not re- proach. 205 WRITINGS OF THOMAS PAINE When the American Revolution was estab- lished, I felt a disposition to sit serenely down and enjoy the calm. It did not appear to me that any object could afterwards arise great enough to make me quit tranquillity, and feel as I had felt before. But when principle, and not place, is the energetic cause of action, a man, I find, is everywhere the same. I am now once more in the public world ; and as I have not a right to contemplate on so many years of remaining life as you have, I am resolved to labor as fast as I can ; and as I am anxious for your aid and your company, I wish you to hasten your principles and overtake me. If you make a campaign the ensuing spring, which it is most probable there will be no occa- sion for, I will come and join you. Should the campaign commence, I hope it will terminate in the extinction of German despotism, and in es- tablishing the freedom of all Germany. When France shall be surrounded with revolutions, she will be in peace and safety, and her taxes, as well as those of Germany, will consequently become less. [Your sincere. Affectionate Friend, THOMAS PAINE. London, Feb. 9, 1792. 206 PREFACE WHEN I began the chapter entitled the "Conclusion" in the former part of the "Rights of Man," pubhshed last year, it was my intention to have extended it to a greater length ; but in casting the whole matter in my mind which I wished to add, I found that I must either make the work too bulky, or contract my plan too much. I therefore brought it to a close as soon as the sub- ject would admit, and reserved what I had further to say to another opportunity. Several other reasons contributed to produce this determination. I wished to know the manner in which a work, written in a style of thinking and expression different to what had been cus- tomary in England, would be received before I ventured farther. A great field was opening to the view of mankind by means of the French Revolution. Mr. Burke's outrageous opposition thereto brought the controversy into England, He attacked principles which he knew (from in- formation) I would contest with him, because they are principles which I beheve to be good, and which I have contributed to estabhsh, and con- 207j WRITINGS OF THOMAS PAINE ceive myself bound to defend. Had he not urged the controversy, I had most probably been a silent man. Another reason for deferring the remainder of the work, was that Mr. Burke promised in his first pubUcation to renew the subject at another opportunity, and to make a comparison of what he called the English and French constitutions. I therefore held myself in reserve for him. He has published two works since, without doing this ; which he certainly would not have omitted, had the comparison been in his favor. In his last work, his "Appeal from the New to the Old Whigs," he has quoted about ten pages from the "Rights of Man," and having given himself the trouble of doing this, says he "shall not attempt in the smallest degree to refute them," meaning the principles therein contained. I am enough acquainted with Mr. Burke, to know, that he would if he could. But instead of contesting them, he immediately after consoles himself with saying, that he "has done his part." He has not done his pajrt. He has not performed his promise of a comparison of constitutions. He started the controversy, he gave the challenge, and has fled from it ; and he is now a case in point with his own opinion, that, "the age of chivalry 208 WRITINGS OF THOMAS PAINE' is gone! " The title, as well as the substance of his last work, his "Appeal," is his condemnation. Principles must stand on their own merits, and if they are good they certainly will. To put them under the shelter of other men's authority, as Mr. Burke has done, serves to bring them into suspi- cion. Mr. Burke is not very fond of dividing his honors, but in this case he is artfully dividing the disgrace. But who are those to whom ]VIr. Burke has made his appeal? A set of childish thinkers and half-way politicians born in the last century; men who went no farther with any principle than as it suited their purpose as a party ; the nation was always left out of the question; and this has been the character of every party from that day to this. The nation sees nothing in such works, or such politics, worthy its attention. A little matter will move a party, but it must be some- thing great that moves a nation. Though I see nothing in Mr. Burke's "Ap- peal" worth taking much notice of, there is, how- ever, one expression upon which I shall offer a few remarks. After quoting largely from the "Rights of Man," and declining to contest the principles contained in that work, he says, "This will most probably be done (if such writings shall 209 WRITINGS OF THOMAS PAINE be thought to deserve any other refutation than that of criminal justice) by others, who may think with Mr. Burke and with the same zeal." In the first place, it has not yet been done by anybody. Not less, I believe, than eight or ten pamphlets, intended as answer to the former part of the "Rights of Man," have been pub- lished by different persons, and not one of them, to my knowledge, has extended to a second edi- tion, nor are even the titles of them so much as generally remembered. As I am averse to un- necessarily multiplying publications, I have ans- wered none of them. And as I believe that a man may write himself out of reputation when nobody else can do it, I am careful to avoid that rock. But as I would decline unnecessary pubHca- tions on the one hand, so would I avoid every thing that might appear like sullen pride on the other. If Mr. Bui-ke, or any person on his side the question, will produce an answer to the "Rights of Man," that shall extend to a half, or even to a fourth part of the number of copies to which the "Rights of ]\Ian" extended, I will reply to his work. But until this be done, I shall so far take the sense of the public for my guide (and the world knows I am not a flatterer) that 210 WRITINGS OF THOMAS PAINE what they do not think worth while to read, is not worth mine to answer. I suppose the num- ber of copies to which the first part of the "Rights of Man" extended, taking England, Scotland, and Ireland, is not less than between forty and fifty thousand. I now come to remark on the remaining part of the quotation I have made from Mr. Burke. "If," says he, "such writings shall be thought to deserve any other refutation than that of criminal justice." Pardoning the pun, it must be criminal jus- tice indeed that should condemn a work as a sub- stitute for not being able to refute it. The great- est condemnation that could be passed upon it would be a refutation. But in proceeding by the method Mr. Burke alludes to, the condem- nation would, in the final event, pass upon the criminality of the process and not upon the work, and in this case, I had rather be the author, than be either the judge, or the jury, that should condemn it. But to come at once to the point. I have differed from some professional gentlemen on the subject of prosecutions, and I since find they are falling into my opinion, which I will here state as fully, but as concisely as I can. 211 WRITINGS OF THOMAS PAINE I will first put a case with respect to any law, and then compare it with a government, or with what in England is, or has been, called a constitution. It would be an act of despotism, or what in England is called arbitrary power, to make a law to prohibit investigating the principles, good or bad, on which such a law, or any other is founded. If a law be bad, it is one thing to oppose the practise of it, but it is quite a different thing to expose its errors, to reason on its defects, and to show cause why it should be repealed, or why another ought to be substituted in its place. I have always held it an opinion (making it also my practise) that it is better to obey a bad law, making use at the same time of every argument to show its errors and procure its repeal, than forcibly to violate it; because the precedent of breaking a bad law might weaken the force, and lead to a discretionary violation of those which are good. The case is the same with respect to principles and forms of government, or to what are called constitutions, and the parts of which they are composed. It is for the good of nations, and not for the 212 WRITINGS OF THOMAS PAINE emolument or aggrandizement of particular in- dividuals, that government ought to be estab- lished, and that mankind are at the expense of supporting it. Tlie defects of every government and constitution, both as to principle and form must, on a parity of reasoning, be as open to discussion as the defects of a law, and it is a duty which every man owes to society to point them out. When those defects, and the means of rem- edying them are generally seen by a nation, that nation will reform its government or its consti- tution in the one case, as the government re- pealed or reformed the law in the other. The operation of government is restricted to the making and the administering of laws; but it is to a nation that the right of forming or re- forming, generating or regenerating constitu- tions and governments belongs ; and consequently those subjects, as subjects of investigation, are always before a country as a matte?' of rights and cannot, without invading the general rights of that country, be made subjects for prosecution. On this ground I will meet Mr. Burke whenever he pleases. It is better that the whole argument should come out, than to seek to stifle it. It was himself that opened the controversy, and he ought not to desert it. 213 WRITINGS OF THOMAS PAINE I do not believe that monarchy and aristoc- racy will continue seven years longer in any of the enlightened countries in Europe. If better reasons can be shown for them than against them, they will stand; if the contrary, they will not. Mankind are not now to be told they shall not think, or they shall not read ; and publications that go no farther than to investigate principles of government, to invite men to reason and to reflect, and to show the errors and excellencies of different systems, have a right to appear. If they do not excite attention, they are not worth the trouble of a prosecution; and if they do, the prosecution will amount to nothing, since it can- not amount to a prohibition of reading. This would be a sentence of the public, instead of the author, and would also be the most effectual mode of making or hastening revolutions. On all cases that apply universally to a na- tion, with respect to systems of government, a jury of twelve men is not competent to decide. iWhere there are no witnesses to be examined, no facts to be proved, and where the whole matter is before the whole public and the merits or de- merits of it resting on their opinion; and where there is nothing to be known in a court, but what every body knows out of it, every twelve men 214 WRITINGS OF THOMAS PAINE are equally as good a jury as the other, and would most probably reverse each other's verdict ; or from the variety of their opinions not be able to form one. It is one case, whether a nation approve a work, or a plan; but it is quite another case, whether it will commit to any such jury the power of determining whether that nation have a right to, or shall reform its government, or not. I mention these cases, that Mr. Burke may see I have not written on government without reflect- ing on what is law, as well as on what are rights. The only effectual jury in such cases would be, a convention of the whole nation fairly elected; for in aU such cases the whole nation is the vicinage. If Mr. Burke will propose such a jury, I will waive all privileges of being the cit- izen of any other country, and, defending its principles, abide the issue, provided he will do the same; for my opinion is, that his work and his principles would be condemned instead of mine. As to the prejudices which men have from education and habit, in favor of any particular form or system of government, those prejudices have yet to stand the test of reason and reflection. In fact, such prejudices are nothing. No man is 215 WRITINGS OF THOMAS PAINE prejudiced in favor of a thing, knowing it to be wrong. He is attached to it on the behef of its being right; and when he sees it is not so, the prejudice will be gone. We have but a defective idea what prejudice is. It might be said that until men think for themselves the whole is prejudice, and not opinion; for that only is opin- ion which is the result of reason and reflection. I offer this remark, that Mr. Burke may not confide too much in what has been the customary prejudices of the country. I do not believe that the people of England have ever been fairly and candidly dealt by. They have been imposed upon by parties, and by men assuming the character of leaders. It is time that the nation should rise above those trifles. It is time to dismiss that inattention which has so long been the encouraging cause of stretching taxation to excess. It is time to dismiss all those songs and toasts which are calculated to enslave, and operate to suffocate reflection. On all such subjects men have only to think, and they will neither act wrong nor be misled. To say that any people are not fit for freedom, is to make poverty their choice, and to say they had rather be loaded with taxes than not. If such a case could be proved, it would equally 216 WRITINGS OF THOMAS PAINE prove, that those who govern are not fit to gov- ern them, for they are a part of the same national mass. But admitting governments to be changed all over Europe, it certainly may be done without convulsion and revenge. It is not worth making changes or revolutions, unless it be for some great national benefit ; and when this shall appear to a nation, the danger will be, as in America and France, to those who oppose; and with this reflection I close my Preface. THOMAS PAINE. London, Feb. 9, 1792. iv-18 217 RIGHTS OF MAN PART SECOND INTRODUCTION WHAT Archimedes said of the mechan- ical powers, may be applied to reason and liberty: "Had we" said he, "a place to stand upon, we might raise the world." The Revolution of America presented in pol- itics what was only theory in mechanics. So deeply rooted were all the governments of the old world, and so effectually had the tyranny and the antiquity of habit established itself over the mind, that no beginning could be made in Asia, Africa, or Europe, to reform the political con- dition of man. Freedom had been hunted round the globe; reason was considered as rebellion; and the slavery of fear had made men afraid to think. But such is the irresistible nature of truth, that all it asks, and all it wants, is the liberty of appearing. The sun needs no inscription to dis- tinguish him from darkness; and no sooner did the American governments display themselves to the world, than despotism felt a shock, and man began to contemplate redress. 219 WRITINGS OF THOMAS PAINE The independence of America, considered merely as a separation from England, would have been a matter but of little importance, had it not been accompanied by a revolution in the principles and practise of governments. She made a stand, not for herself only, but for the world, and looked beyond the advantages her- self could receive. Even the Hessian, though hired to fight against her, may live to bless his defeat; and England, condemning the vicious- ness of its government, rejoice in its miscarriage. As America was the only spot in the political world, where the principles of universal refor- mation could begin, so also was it the best in the natural world. An assemblage of circumstances conspired, not only to give birth, but to add gigantic maturity to its principles. The scene wliich that country presents to the eye of a spectator, has something in it which gen- erates and encourages great ideas. Nature ap- pears to him in magnitude. The mighty objects he beholds, act upon his mind by enlarging it, and he partakes of the greatness he contemplates. Its first settlers were emigrants from difi'erent Eui-opean nations, and of diversified professions of rehgion, retiring from the governmental per- secutions of the old world, and meeting in the 220 WRITINGS OF THOMAS PAINE new, not as enemies, but as brothers. The wants which necessarily accompany the cultivation of a wilderness, produced among them a state of society, which countries, long harrassed by the quarrels and intrigues of governments, had neglected to cherish. In such a situation man becomes what he ought. He sees his species, not with the inhuman idea of a natural enemy, but as kindred; and the example shows to the artificial world, that man must go back to nature for information. From the rapid progress which America makes in every species of improvement, it is rational to conclude, that if the governments of Asia, Africa, and Europe, had begun on a prin- ciple similar to that of America, or had not been very early corrupted therefrom, that those coun- tries must, by this time, have been in a far supe- rior condition to what they are. Age after age has passed away, for no other purpose than to behold their wretchedness. Could we suppose a spectator who knew nothing of the world, and who was put into it merely to make his observa- tions, he would take a great part of the old world to be new, just struggHng with the difficulties and hardships of an infant settlement. He could not suppose that the hordes of miserable poor, with which old countries abound, could be any 221 WRITINGS OF THOMAS PAINE other than those who had not yet had time to provide for themselves. Little would he think they were the consequence of what in such coun- tries is called government. If, from the more wretched parts of the old world, we look at those which are in an advanced stage of improvement, we still find the greedy hand of government thrusting itself into every corner and crevice of industry, and grasping the spoil of the multitude. Invention is continually exercised, to furnish new pretenses for revenue and taxation. It watches prosperity as its prey, and permits none to escape without tribute. As revolutions have begun, (and the probabil- ity is always greater against a thing beginning, than of proceeding after it has begun) , it is nat- ural to expect that other revolutions will follow. The amazing and still increasing expenses with which old governments are conducted, the numerous wars they engage in or provoke, the embarrassment they throw in the way of univer- sal civilization and commerce, and the oppres- sion and usurpation they practise at home, have wearied out the patience, and exhausted the prop- erty of the world. In such a situation, and with the examples already existing, revolutions are to be looked for. They are become subjects of uni- 222 WRITINGS OF THOMAS PAINE versal conversation, and may be considered as the order of the day. If systems of government can be introduced, less expensive, and more productive of general happiness, than those which have existed, all at- tempts to oppose their progress will in the end be fruitless. Reason, like time, will make its own way, and prejudice will fall in a combat with interest. If universal peace, civilization, and commerce, are ever to be the happy lot of man, it cannot be accomplished but by a revolution in the system of governments. All the monarchial governments are military. War is their trade, plunder and revenue their objects. While such governments continue, peace has not the absolute security of a day. What is the history of all monarchial govern- ments, but a disgustful picture of human wretch- edness, and the accidental respite of a few years' repose? Wearied with war, and tired with hu- man butchery, they sat down to rest, and called it peace. This certainly is not the condition that heaven intended for man; and if this he mon- archy, well might monarchy be reckoned among the sins of the Jews. The revolutions which formerly took place in the world, had nothing in them that interested 223 WRITINGS OF THOMAS PAINE the bulk of mankind. They extended only to a change of persons and measures, but not of prin- ciples, and rose or fell among the common trans- actions of the moment. What we now behold, may not improperly be called a," counter-revolu- tion/' Conquest and tyranny, at some early period, dispossessed man of his rights, and he is now recovering them. And as the tide of all human affairs has its ebb and flow in directions con- trary to each other, so also is it in this. Gov- ernment founded on a moral theory^ on a system of universal peace, on the indefeasible, hereditary rights of man, is now revolving from West to East, by a stronger impulse than the government of the sword revolved from East to West. It in- terests not particular individuals, but nations, in its progress, and promises a new era to the human race. The danger to which the success of revolu- tions is most exposed, is that of attempting them before the principles on which they proceed, and the advantages to result from them, are suffi- ciently seen and understood. Almost every thing appertaining to the circumstances of a nation, has been absorbed and confounded under the general and mysterious word government, 224 WRITINGS OF THOMAS PAINE Though it avoids taking to its account the errors it commits, and the mischiefs it occasions, it fails not to arrogate to itself whatever has the appear- ance of prosperity. It robs industry of its hon- ors, by pedantically making itself the cause of its effects ; and purloins from the general charac- ter of man, the merits that appertain to him as a social being. It may therefore be of use, in this day of rev- olutions, to discriminate between those things which are the effect of government, and those which are not. This will best be done by taking a review of society and civilization, and the con- sequences resulting therefrom, as things distinct from what are called governments. By begin- ning with this investigation, we shall be able to assign effects to their proper cause, and analyze the mass of common errors. 225 CHAPTER I OF SOCIETY AND CIVILIZATION GREAT part of that order which reigns among mankind is not the effect of gov- ernment. It had its origin in the principles of society and the natural constitution of man. It existed prior to government, and would exist if the formality of government was abohshed. The mutual dependence and reciprocal interest which man has upon man, and all parts of a civilized community upon each other, create that great chain of connection which holds it together. The landholder, the farmer, the manufacturer, the merchant, the tradesman, and every occupa- tion, prospers by the aid which each receives from the other, and from the whole. Common interest regulates their concerns, and forms their laws; and the laws which common usage ordains, have a greater influence than the laws of gov- ernment. In fine, society performs for itself almost every thing which is ascribed to govern- ment. To understand the nature and quantity of government proper for man, it is necessary to attend to his character. As Nature created him 226 WRITINGS OF THOMAS PAINE for social life, she fitted him for the station she intended. In all cases she made his natural wants greater than his individual powers. No one man is capable, without the aid of society, of supplying his own wants ; and those wants acting upon every individual, impel the whole of them into society, as naturally as gravitation acts to a center. But she has gone further. She has not only forced man into society, by a diversity of wants, which the reciprocal aid of each other can supply, but she has implanted in him a system of social affections, which, though not necessary to his existence, are essential to his happiness. There is no period in life when this love for society ceases to act. It begins and ends with our being. If we examine, with attention, into the com- position and constitution of man, the diversity of his wants, and the diversity of talents in dif- ferent men for reciprocally accommodating the wants of each other, his propensity to society, and consequently to preserve the advantages re- sulting from it, we shall easily discover, that a great part of what is called government is mere imposition. Government is no farther necessary than to supply the few cases to which society and civil- 227j WRITINGS OF THOMAS PAINE ization are not conveniently competent; and in- stances are not wanting to show, that every thing which government can usefully add thereto, has been performed by the common consent of so- ciety, without government. For upward of two years from the com- mencement of the American War, and to a longer period in several of the American states, there were no established forms of government. The old governments had been abolished, and the country was too much occupied in defense, to employ its attention in establishing new govern- ments; yet during this interval, order and har- mony were preserved as inviolate as in any coun- try in Europe. There is a natural aptness in man, and more so in society, because it embraces a greater va- riety of abilities and resources, to accommodate itself to whatever situation it is in. The instant formal government is abolished, §;ociety begins to act. A general association takes place, and common interest produces common security. So far is it from being true, as has been pre- tended, that the abohtion of any formal govern- ment is the dissolution of society, that it acts by a contrary impulse, and brings the latter the closer together. All that part of its organization 228 WRITINGS OF THOMAS PAINE which it had committed to its government, de- volves again upon itself, and acts through its medium. When men, as well from natural instinct, as from reciprocal benefits, have habituated them- selves to social and civilized life, there is always enough of its principles in practise to carry them through any changes they may find necessary or convenient to make in their government. In short, man is so naturally a creature of society, that it is almost impossible to put him out of it. Formal government makes but a small part of civilized life; and when even the best that human wisdom can devise is established, it is a thing more in name and idea, than in fact. It is to the great and fundamental principles of society and civilization — to the common usage universally consented to, and mutually and re- ciprocally maintained — to the unceasing circula- tion of interest, which, passing through its million channels, invigorates the whole mass of civilized man — it is to these things, infinitely more than to any thing which even the best insti- tuted government can perform, that the safety and prosperity of the individual and of the whole depends. The more perfect civilization is, the less occa- 229 WRITINGS OF THOMAS PAINE sion has it for government, because the more does it regulate its own affairs, and govern itself; but so contrary is the practise of old governments to the reason of the case, that the expenses of them increase in the proportion they ought to dimin- ish. It is but few general laws that civilized life requires, and those of such common usefulness, that whether they are enforced by the forms of government or not, the effect will be nearly the same. If we consider what the principles are that first condense men into society, and what the motives that regulate their mutual intercourse afterwards, we shall find, by the time we arrive at what is called government, that nearly the whole of the business is performed by the natural operation of the parts upon each other. Man, with respect to all those matters, is more a creature of consistency than he is aware, or that governments would wish him to beheve. All the great laws of society are laws of nature. Those of trade and commerce, whether with re- spect to the intercourse of individuals, or of nations, are laws of mutual and reciprocal inter- est. They are followed and obeyed because it is the interest of the parties so to do, and not on account of any formal laws their governments may impose or interpose. 230 WRITINGS OF THOMAS PAINE But how often is the natural propensity to society disturbed or destroyed by the operations of government. When the latter, instead of being ingrafted on the principles of the former, assumes to exist for itself, and acts by partiali- ties of favor and oppression, it becomes the cause of the mischiefs it ought to prevent. If we look back to the riots and tumults, which at various times have happened in Eng- land, we shall find, that they did not proceed from the want of a government, but that government was itself the generating cause; instead of con- sohdating society, it divided it; it deprived it of its natural cohesion, and engendered discontents and disorders, which otherwise would not have existed. In those associations which men promiscu- ously form for the purpose of trade, or of any concern, in which government is totally out of the question, and in which they act merely on the principles of society, we see how naturally the various parties unite ; and this shows, by com- parison, that governments, so far from being always the cause or means of order, are often the destruction of it. The riots of 1780 had no other source than the remains of those prejudices, which the government itself had encouraged. 231 WRITINGS OF THOMAS PAINE But with respect to England there are also other causes. Excess and inequality of taxation, however disguised in the means, never fail to appear in their effects. As a great mass of the community are thrown thereby into poverty and discontent, they are constantly on the brink of commotion; and deprived, as they unfortunately are, of the means of information, are easily heated to out- rage. Whatever the apparent cause of any riots may be, the real one is always want of happiness. It shows that something is wrong in the system of government, that injures the felicity by which society is to be preserved. But as fact is superior to reasoning, the in- stance of America presents itself to confirm these observations. If there is a country in the world, where concord, according to common calculation, would be least expected, it is America. Made up, as it is, of people from different nations,* accus- * That part of America which is generally called New Eng- land, including New Hampshire, Massachusetts, Rhode Island, and Connecticut, is peopled chiefly by English descendants. In the State of New York, about half are Dutch, the rest English, Scotch, and Irish. In New Jersey, a mixture of English and Dutch, with some Scotch and Irish. In Pennsylvania, about one- third are English, another Germans, and the remainder Scotch and Irish, with some Swedes. Tlie states to the Southward have a greater proportion of English than the Middle States, but in aU of them there is a mixture ; and besides those enumerated, there are a considerable number of French, and some few of all the 232 WRITINGS OF THOMAS PAINE tomed to different forms and habits of govern- ment, speaking different languages, and more different in their modes of worship, it would ap- pear that the union of such a people was imprac- ticable ; but by the simple operation of construct- ing government on the principles of society and the rights of man, every difficulty retires, and all the parts are brought into cordial unison. There the poor are not oppressed, the rich are not privi- leged. Industry is not mortified by the splendid extravagance of a court rioting at its expense. Their taxes are few, because their government is just; and as there is nothing to render them wretched, there is nothing to engender riots and tumults. A metaphysical man, like Mr. Burke, would have tortured his invention to discover how such a people could be governed. He would have sup- posed that some must be managed by fraud, others by force, and all by some contrivance ; that genius must be hired to impose upon ignorance, and show and parade to fascinate the vulgar. Lost in the abundance of his researches, he would have resolved and re-resolved, and finally over- European nations, lying on the coast. The most numerous reli- gious denomination is the Presbyterian; but no one sect is estab- lished above another, and all men are equally citizens. IV-19 233 WRITINGS OF THOMAS PAINE looked the plain and easy road that lay directly before him. One of the great advantages of the American Revolution has been, that it led to a discovery of the principles, and laid open the imposition, of governments. All the revolutions till then had been worked within the atmosphere of a court, and never on the great floor of a nation. The parties were always of the class of courtiers ; and whatever was their rage for reformation, they carefully preserved that fraud of the profession. In all cases they took care to represent gov- ernment as a thing made up of mysteries, which only themselves understood, and they hid from the understanding of the nation, the only thing that was beneficial to know, namely, That gov- ernment is nothing more than a national associa- tion acting on the principles of society. Having thus endeavored to show, that the social and civihzed state of man is capable of per- forming within itself, almost every thing neces- sary to its protection and government, it wiU be proper, on the other hand, to take a review of the present old governments, and examine whether their principles and practise are corre- spondent thereto. 234 CHAPTER II OF THE ORIGIN OF THE PRESENT OLD GOVERNMENTS IT is impossible that such governments as have hitherto existed in the world, could have commenced by any other means than a total vio- lation of every principle, sacred and moral. The obscurity in which the origin of all the present old governments is buried, implies the iniquity and disgrace with which they began. The origin of the present governments of America and France will ever be remembered, because it is honorable to record it; but with respect to the rest, even flattery has consigned them to the tomb of time, without an inscription. It could have been no difficult thing in the early and solitary ages of the world, while the chief employment of men was that of attending flocks and herds, for a banditti of ruffians to overrun a country, and lay it under contribu- tions. Their power being thus established, the chief of the band contrived to lose the name of robber in that of monarch; and hence the origin of monarchy and kings. 2S3 WRITINGS OF THOMAS PAINE The origin of the government of England, so far as relates to what is called its line of mon- archy, being one of the latest, is perhaps the best recorded. The hatred which the Norman inva- sion and tyranny begat, must have been deeply rooted in the nation, to have outlived the contriv- ance to obliterate it. Though not a courtier will talk of the curfew-bell, not a village in England has forgotten it. Those bands of robbers having parcelled out the world and divided it into dominions, began, as is naturally the case, to quarrel with each other. What at first was obtained by violence, was considered by others as lawful to be taken, and a second plunderer succeeded the first. They alternately invaded the dominions which each had assigned to himself, and the brutality with which they treated each other explains the original character of monarchy. It was ruffian torturing ruffian. The conqueror considered the conquered, not as his prisoner, but as his property. He led him in triumph, rattling in chains, and doomed him, at pleasure, to slavery or death. As time oblit- erated the history of their beginning, their suc- cessors assumed new appearances, to cut off the entail of their disgrace, but their principles and 236 WRITINGS OF THOMAS PAINE objects remained the same. What at first was plunder, assumed the softer name of revenue; and the power originally usurped, they affected to inherit. From such beginning of governments, what could be expected, but a continual system of war and extortion? It has established itself into a trade. The vice is not peculiar to one more than to another, but is the common principle of all. There does not exist within such government sufficient stamina whereon to ingraft reforma- tion ; and the shortest, easiest, and most effectual remedy, is to begin anew. What scenes of horror, what perfection of iniquity, present themselves in contemplating the character, and reviewing the history of such governments! If we would delineate human nature with a baseness of heart, and hypocrisy of countenance, that reflection would shudder at and humanity disown, it is kings, courts, and cabinets, that must sit for the portrait. Man, naturally as he is, with all his faults about him, is not up to the character. Can we possibly suppose that if governments had originated in a right principle, and had not an interest in pursuing a wrong one, that the world could have been in the wretched and quar- 237 WRITINGS OF THOMAS PAINE relsome condition we have seen it? What induce- ment has the farmer, while following the plough, to lay aside his peaceful pursuit, and go to war with the farmer of another country? Or what inducement has the manufacturer? What is dominion to them, or to any class of men in a nation? Does it add an acre to any man's estate, or raise its value? Are not conquest and defeat each of the same price, and taxes the never fail- ing consequence? Though this reasoning may be good to a nation, it is not so to a government. War is the faro-table of governments, and nations the dupes of the games. If there is any thing to wonder at in this mis- erable scene of governments, more than might be expected, it is the progress which the peace- ful arts of agriculture, manufacture and com- merce have made, beneath such a long accumu- lating load of discouragement and oppression. It serves to show, that instinct in animals does not act with stronger impulse, than the princi- ples of society and civilization operate in man. Under all discouragements, he pursues his ob- ject, and yields to nothing but impossibilities. 238 CHAPTER III OF THE OLD AND NEW SYSTEMS OF GOVERNMENT NOTHING can appear more contradictory than the principles on which the old gov- ernments began, and the condition to which so- ciety, civilization and commerce, are capable of carrying mankind. Government on the old sys- tem is an assumption of power, for the aggran- dizement of itself; on the new, a delegation of power, for the common benefit of society. The former supports itself by keeping up a system of war ; the latter promotes a system of peace, as the true means of enriching a nation. The one encourages national prejudices; the other pro- motes universal society, as the means of universal commerce. The one measures its prosperity, by the quantity of revenue it extorts; the other proves its excellence, by the small quantity of taxes it requires. Mr. Burke has talked of old and new Whigs. If he can amuse himself with childish names and distinctions, I shall not interrupt his pleasure. It is not to him, but to Abbe Sieyes, that I address this chapter. I am already engaged to the latter gentleman, to discuss the subject of monarchical 239 WRITINGS OF THOMAS PAINE government; and as it naturally occurs in com- paring the old and new systems, I make this the opportunity of presenting to him my observa- tions. I shall occasionally take Mr. Burke in my way. Though it might be proved that the system of government now called the new^ is the most ancient in principle of all that have existed, being founded on the original inherent Rights of Man: yet, as tyranny and the sword have suspended the exercise of those rights for many centuries past, it serves better the purpose of distinction to call it a neWj than to claim the right of calling it the old. The first general distinction between those two systems is, that the one now called the old is hereditary J either in whole or in part; and the new is entirely representative. It rejects all hereditary government : First, as being an imposition on mankind. Secondly, as being inadequate to the purposes for which government is necessary. With respect to the first of these heads. It cannot be proved by what right hereditary gov- ernment could begin: neither does there exist within the compass of mortal power a right to establish it. Man has no authority over posterity 240 WRITINGS OF THOMAS PAINE in matters of personal right; and therefore, no man, or body of men, had, or can have, a right to set up hereditary government. Were even ourselves to come again into existence, instead of being succeeded by posterity, we have not now, the right of taking from ourselves the rights which would then be ours. On what ground, then, do we pretend to take them from others? All hereditary government is in its nature tyranny. An heritable crown, or an heritable throne, or by what other fanciful name such things may be called, have no other significant explanation than that mankind are heritable property. To inherit a government, is to in- herit the people, as if they were flocks and herds. With respect to the second head, that of being inadequate to the purposes for which gov- ernment is necessary, we have only to consider what government essentiallj'' is, and compare it with the circumstances to which hereditary suc- cession is subject. Government ought to be a thing always in maturity. It ought to be so con- structed as to be superior to all the accidents to which individual man is subject; and therefore, hereditary succession, by being subject to them all, is the most irregular and imperfect of all the systems of government. 241 WRITINGS OF THOMAS PAINE We have heard the Rights of Man called a levelling system; but the only system to which the word levelling is truly applicable, is the hered- itary monarchical system. It is a system of men- tal levelling. It indiscriminately admits every species of character to the same authority, Vice and virtue, ignorance and wisdom, in short, every quality, good or bad, is put on the same level. Kings succeed each other, not as rationals, but as animals. It signifies not what then* mental or moral characters are. Can we then be surprised at the abject state of the human mind in monarchical countries, when the government itself is formed on such an abject levelling system? It has no fixed char- acter. To-day it is one thing; to-morrow it is something else. It changes with the temper of every succeeding individual, and is subject to all the varieties of each. It is government through the medium of passions and accidents. It appears under all the various characters of childhood, decrepitude, dotage, a thing at nurse, in leading-strings, or on crutches. It reverses the wholesome order of nature. It occasionally puts children over men, and the conceits of non-age over wisdom and experience. In short, we can- not conceive a more ridiculous figure of govern- 242 WRITINGS OF THOMAS PAINE ment than hereditary succession, in all its cases, presents. Could it be made a decree in nature, or an edict registered in heaven, and man could know it, that virtue and wisdom should invariably ap- pertain to hereditary succession, the objections to it would be removed ; but when we see that nature acts as if she disowned and sported with the hereditary system; that the mental characters of successors, in all countries, are below the average of human understanding; that one is a tyrant, another an idiot, a third insane, and some all three together, it is impossible to attach con- fidence to it, when reason in man has power to act. It is not to the Abbe Sieyes that I need apply this reasoning ; he has already saved me that trou- ble, by giving his own opinion upon the case. "If it be asked," says he, "what is my opinion with respect to hereditary right, I answer, with- out hesitation, that, in good theory, an hereditary transmission of any power or office, can never accord with the laws of a true representation. Hereditaryship is, in this sense, as much an at- taint upon principle, as an outrage upon society. But let us," continues he, "refer to the history of all elective monarchies and principahties : is 24)3 WRITINGS OF THOMAS PAINE there one in which the elective mode is not worse than the hereditary succession?" As to debating on which is the worst of the two, is admitting both to be bad; and herein we are agreed. The preference which the Abbe has given, is a condemnation of the thing he prefers. Such a mode of reasoning on such a subject is inadmissible, because it finally amounts to an accusation upon Providence, as if she had left to man no other choice with respect to govern- ment than between two evils, the best of which he admits to be "an attaint upon 'principle^ and an outrage upon society.'' Passing over, for the present, all the evils and mischiefs which monarchy has occasioned in the world, nothing can more effectually prove its uselessness in a state of civil government, than making it hereditary. Would we make any of- fice hereditary that required wisdom and abilities to fill it? And where wisdom and abilities are not necessary, such an office, whatever it may be, is superfluous or insignificant. Hereditary succession is a burlesque upon monarchy. It puts it in the most ridiculous light, by presenting it as an office, which any child or idiot may fill. It requires some talents to be a common mechanic; but to be a king, requires 244 WRITINGS OF THOMAS PAINE only the animal figure of a man — a sort of breathing automaton. This sort of superstition may last a few years more, but it cannot long resist the awakened reason and interest of man. As to Mr. Burke, he is a stickler for mon- archy, not altogether as a pensioner, if he is one, which I believe, but as a political man. He has taken up a contemptible opinion of mankind, who in their turn, are taking up the same of him. He considers them as a herd of beings that must be governed by fraud, effigy, and show; and an idol would be as good a figure of monarchy with him, as a man. I will, however, do him the jus- tice to say, that, with respect to America, he has been very complimentary. He always con- tended, at least in my hearing, that the people of America are more enlightened than those of England, or of any other country in Europe; and that therefore the imposition of show was not necessary in their government. Though the comparison between hereditary and elective monarchy, which the Abbe has made, is unnecessary to the case, because the representa- tive system rejects both; yet, were I to make the comparison, I should decide contrary to what he has done. The civil wars which have originated from 245 WRITINGS OF THOMAS PAINE contested hereditary claims are numerous, and have been more dreadful, and of longer contin- uance, than those which have been occasioned by election. All the civil wars in France arose from the hereditary system ; they were either produced by hereditary claims, or by the imperfection of the hereditary form, which admits of regencies, or monarchies at nurse. With respect to England, its history is full of the same misfortunes. The contests for suc- cession between the houses of York and Lancas- ter, lasted a whole century; and others of a sim- ilar nature, have renewed themselves since that period. Those of 1715 and 1745, were of the same kind. The Succession-war for the crown of Spain, embroiled almost half of Europe. The disturbances in Holland are generated from the hereditaryship of the stadtholder. A govern- ment calling itself free, with an hereditary office, is hke a thorn in the flesh, that produces a fer- mentation which endeavors to discharge it. But I might go further, and place also for- eign wars, of whatever kind, to the same cause. It is by adding the evil of hereditary succession to that of monarchy, that a permanent family interest is created, whose constant objects are dominion and revenue. Poland, though an elect- 246 WRITINGS OF THOMAS PAINE ive monarchy, has had fewer wars than those which are hereditary; and it is the only govern- ment that has made a voluntary essay, though but a small one, to reform the condition of the country. Having thus glanced at a few of the defects of the old, or hereditary system of government, let us compare it with the new, or representative system. The representative system takes society and civilization for its basis; nature, reason, and ex- perience for its guide. Experience, in all ages, and in all countries, has demonstrated, that it is impossible to control Nature in her distribution of mental powers. She gives them as she pleases. Whatever is the rule by which she, apparently to us, scatters them among mankind, that rule remains a secret to man. It would be as ridiculous to attempt to fix the hereditaryship of human beauty, as of wisdom. Whatever wisdom constituently is, it is like a seedless plant; it may be reared when it ap- pears, but it cannot be voluntarily produce.d. There is always a sufficiency somewhere in the general mass of society for all purposes ; but with respect to the parts of society, it is continually 247 WRITINGS OF THOMAS PAINE changing its place. It rises in one to-day, in another to-morrow, and has most probably vis- ited in rotation every family of the earth, and again withdrawn. As this is the order of nature, the order ofi government must necessarily follow it, or gov- ernment will, as we see it does, degenerate into ignorance. The hereditary system, therefore, is as repugnant to human wisdom, as to human rights, and is as absurd, as it is unjust. As the republic of letters brings forward the best literary productions, by giving to genius a fair and universal chance; so the representative system of government is calculated to produce the wisest laws, by collecting wisdom where it can be found. I smile to myself when I contemplate the ridiculous insignificance into which literature and all the sciences would sink, were they made hereditary; and I carry the same idea into gov- ernments. An hereditary governor is as incon- sistent as an hereditary author. I know not whether Homer or Euclid had sons; but I will venture an opinion, that if they had, and had left their works unfinished, those sons could not have completed them. Do we need a stronger evidence of the ab- surdity of hereditary government, than is seen 248 WRITINGS OF THOMAS PAINE in the descendants of those men, in any hne of life, who once were famous? Is there scarcely an instance in which there is not a total reverse of character? It appears as if the tide of mental faculties flowed as far as it could in certain chan- nels, and then forsook its course, and arose in others. How irrational then is the hereditary system which establishes channels of power, in company with which wisdom refuses to flow ! By continuing this absurdity, man is perpetually in contradiction with himself; he accepts, for a king, or a chief magistrate, or a legislator, a per- son whom he would not elect for a constable. It appears to general observation, that revo- lutions create genius and talents ; but those events do no more than bring them forward. There is existing in man, a mass of sense lying in a dor- mant state, and which, unless something excites it to action, will descend with him, in that con- dition, to the grave. As it is to the advantage of society that the whole of its faculties should be employed, the construction of government ought to be such as to bring forward, by a quiet and regular operation, all that extent of capacity which never fails to appear in revolutions. This cannot take place in the insipid state of hereditary government, not only because it pre- IV.20 249 WRITINGS OF THOMAS PAINE vents, but because it operates to benumb. When the mind of a nation is bowed down by any politi- cal superstition in its government, such as heredi- tary succession is, it loses a considerable portion of its powers on all other subjects and objects. Hereditary succession requires the same obe- dience to ignorance, as to wisdom; and when once the mind can bring itself to pay this indis- criminate reverence, it descends below the stat- ure of mental manhood. It is fit to be great only in little things. It acts a treachery upon itself, and suiFocates the sensations that urge to detection. Though the ancient governments present to us a miserable picture of the condition of man, there is one which above all others exempts itself from the general description. I mean the democ- racy of the Athenians. We see more to admire, and less to condemn, in that great, extraordinary people, than in any thing which history affords. Mr. Burke is so little acquainted with con- stituent principles of government, that he con- founds democracy and representation together. Representation was a thing unknown in the an- cient democracies. In those the mass of the peo- ple met and enacted laws (grammatically speak- ing) in the first person. 250 WRITINGS OF THOMAS PAINE Simple democracy was no other than the com- mon hall of the ancients. It signifies the form, as well as the public principle of the government. As these democracies increased in population, and the territory extended, the simple democrati- cal form became unwieldy and impracticable ; and as the system of representation was not known, the consequence was, they either degenerated convulsively into monarchies, or became absorbed into such as then existed. Had the system of representation been then understood, as it now is, there is no reason to believe that those forms of government, now called monarchical and aristrocratical, would ever have taken place. It was the want of some method to consolidate the parts of society, after it became too populous, and too extensive for the simple democratical form, and also the lax and solitary condition of shepherds and herds- men in other parts of the world, that afforded opportunities to those unnatural modes of gov- ernment to begin. As it is necessary to clear away the rubbish of errors, into which the subject of government has been thrown, I shall proceed to remark on some others. It has always been the political craft of cour- 251 WRITINGS OF THOMAS PAINE tiers and court-governments, to abuse something which they called republicanism ; but what repub- licanism was, or is, they never attempt to explain. Let us examine a little into this case. The only forms of government are, the dem- ocratical, the aristrocratical, the monarchical, and what is now called the representative. What is called a re public ^ is not any particular form of government. It is wholly character- istical of the purport, matter, or object for which government ought to be instituted, and on which it is to be employed, res-puhlica, the public af- fairs, or the public good; or, literally translated, the public thing. It is a word of a good original, referring to what ought to be the character and business of government; and in this sense it is naturally opposed to the word monarchy, which has a base original signification. It means arbitrary power in an individual person; in the exercise of which, himself J and not the res-publica, is the object. Every government that does not act on the principle of a republic, or in other words, that does not make the res-publica its whole and sole object, is not a good government. Republican government is no other than government estab- lished and conducted for the interest of the pub- 252 WRITINGS OF THOMAS PAINE lie, as well individually as collectively. It is not necessarily connected with any particular form, but it most naturally associates with the repre- sentative form, as being best calculated to secure the end for which a nation is at the expense of supporting it. Various forms of government have affected to style themselves a republic. Poland calls itself a republic, which is an hereditary aristocracy, with what is called an elective monarchy. Hol- land calls itself a republic which is cliiefly aris- tocratical, with an hereditary stadtholdership. Eut the government of America, which is wholly on the system of representation, is the only real republic in character and practise, that now exists. Its government has no other object than the public business of the nation, and there- fore it is properly a republic ; and the Americans have taken care that this^ and no other, shall always be the object of the government, by their rejecting everything hereditary, and establishing government on the system of representation only. Those who have said that a republic is not a form of government calculated for countries of great extent, mistook, in the first place, the busi- ness of a government for a form of government ; for the res-publica equally appertains to every 253 WRITINGS OF THOMAS PAINE extent of territory and population. And, in the second place, if they meant any thing with re- spect to form, it was the simple democratical form, such as was the mode of government in the ancient democracies, in which there was no repre- sentation. The case therefore, is not, that a re- public cannot be extensive, but that it cannot be extensive on the simple democratical form; and the question naturally presents itself. What is the best form of government for conducting the res- puBLiCAj or the public business of a nation, after it becomes too extensive and populous for the simple dejuocratical form? It cannot be monarchy, because monarchy is subject to an objection of the same amount to which the simple democratical form was subject. It is possible that an individual may lay down a system of principles, on which government shall be constitutionally established to any extent of territory. This is no more than an operation of the mind, acting by its own powers. But the practise uj)on those principles, as applying to the various and numerous circumstances of a nation, its agriculture, manufacture, trade, commerce, etc., requires a knowledge of a different kind, and which can be had only from the various parts of society. 254 . i WRITINGS OF THOMAS PAINE It is an assemblage of practical knowledge, which no one individual can possess; and there- fore the monarchical form is as much limited, in useful practise, from the incompetency of knowl- edge, as was the democratical form, from the multiplying of population. The one degener- ates, by extension, into confusion ; the other, into ignorance and incapacity, of which all the great monarchies are an evidence. The monarchical form, therefore, could not be a substitute for the democratical, because it has equal inconveniences. Much less could it when made hereditary. This is the most effectual of all forms to preclude knowledge. Neither could the high democratical mind have voluntarily yielded itself to be gov- erned by children and idiots, and all the motley insignificance of character, which attends such a mere animal system, the disgrace and the re- proach of reason and of man. As to the aristrocratical form, it has the same vices and defects with the monarchical, except that the chance of abilities is better from the pro- portion of numbers, but there is still no security for the right use and application of them.* Referring, then, to the original simple democracy, it affords the true data from which *For a character of aristocracy, the reader is referred to " Rights of Man," Part I., page 80 et seq. 255 WRITINGS OF THOMAS PAINE government on a large scale can begin. It is in- capable of extension, not from its principle, but from the inconvenience of its form; and mon- archy and aristocracy, from their incapacity. Retaining, then, democracy as the ground, and rejecting the corrupt systems of monarchy and aristocracy, the representative system naturally presents itself; remedying at once the defects of the simple democracy as to form, and the in- capacity of the other two with respect to knowl- edge. Simple democracy was society governing itself without the aid of secondary means. By ingrafting representation upon democracy, we arrive at a system of government capable of em- bracing and confederating all the various inter- ests and every extent of territory and population ; and that also with advantages as much superior to hereditary government, as the republic of let- ters is to hereditary literature. It is on this system that the American gov- ernment is founded. It is representation in- grafted upon democracy. It has fixed the form by a scale parallel in all cases to the extent of the principle. What Athens was in miniature, America will be in magnitude. The one was the wonder of the ancient world; the other is becom- 256 WRITINGS OF THOMAS PAINE ing the admiration and model of the present. It is the easiest of all the forms of government to be understood, and the most eligible in practise; and excludes at once the ignorance and insecurity of the hereditary mode, and the inconvenience of the simple democracy. It is impossible to conceive a system of gov- ernment capable of acting over such an extent of territory, and such a circle of interests, as is im- mediately produced by the operation of repre- sentation. France, great and popular as it is, is but a spot in the capaciousness of the system. It adapts itself to all possible cases. It is pre- ferable to simple democracy even in small ter- ritories. Athens, by representation, would have outrivalled her own democracy. That which is called government, or rather that which we ought to conceive government to be, is no more than some common center, in which all the parts of society unite. This cannot be accomplished by any method so conducive to the various interests of the community, as by the rep- resentative system. It concentrates the knowledge necessary to the interests of the parts, and of the whole. It places government in a state of constant ma- turity. It is, as has been already observed, never 257 WRITINGS OF THOMAS PAINE young, never old. It is subject neither to non- age, nor dotage. It is never in the cradle, nor on crutches. It admits not of a separation be- tween knowledge and power, and is superior, as government always ought to be, to all the acci- dents of individual man, and is therefore superior to what is called monarchy. A nation is not a body, the figure of which is to be represented by the human body ; but is like a body contained within a circle, having a com- mon center, in which every radius meets; and that center is formed by representation. To con- nect representation with what is called monarchy, is eccentric government. Representation is of itself the delegated monarchy of a nation, and cannot debase itself by dividing it with another. Mr. Burke has two or three times, in his par- liamentary speeches, and in his publications, made use of a jingle of words that convey no ideas. Speaking of government, he says, "it is better to have monarchy for its basis, and repub- licanism for its corrective, than republicanism for its basis, and monarchy for its corrective." If he means that it is better to correct folly with wisdom, than wisdom with folly, I will not other- wise contend with him, than that it would be much better to reject the folly entirely. 258 WRITINGS OF THOMAS PAINE But what is this thing that Mr. Burke calls monarchy? Will he explain it? All men can understand what representation is; and that it must necessarily include a variety of knowledge and talents. But what security is there for the same qualities on the part of monarchy? Or, when this monarchy is a child, where then is the wisdom? What does it know about government? Who then is the monarch, or where is the mon- arch}^? If it is to be performed by regency, it proves to be a farce. A regency is a mock species of republic, and the whole of monarchy deserves no better descrip- tion. It is a thing as various as imagination can paint. It has none of the stable character that government ought to possess. Every succession is a revolution, and every regency a counter-revo- lution. The whole of it is a scene of perpetual court cabal and intrigue, of which Mr. Burke is himself an instance. To render monarchy consistent with govern- ment, the next in succession should not be born a child, but a man at once, and that man a Sol- omon. It is ridiculous that nations are to wait, and government be interrupted, till boys grow to be men. Whether I have too little sense to see, or too 259 WRITINGS OF THOMAS PAINE much to be imposed upon; whether I have too much or too httle pride, or of anything else, I leave out of the question; but certain it is, that what is called monarchy, always appears to me a silly, contemptible thing. I compare it to some- thing kept behind a curtain, about which there is a great deal of bustle and fuss, and a wonderful air of seeming solemnity; but when, by any acci- dent, the curtain happens to open, and the com- pany see what it is, they burst into laughter. In the representative system of government, nothing of this can happen. Like the nation itself, it possesses a perpetual stamina, as well of body as of mind, and presents itself on the open theater of the world in a fair and manly manner. Whatever are its excellencies or its defects, they are visible to all. It exists not by fraud and mystery; it deals not in cant and sophistry; but inspires a language, that, passing from heart to heart, is felt and understood. • We must shut our eyes against reason, we must basely degrade our understanding, not to see the folly of what is called monarchy. Nature is orderly in all her works ; but this is a mode of government that counteracts nature. It turns the progress of the human faculties upside down. It subjects age to be governed by chil- 260 WRITINGS OF THOMAS PAINE dren, and wisdom by folly. On the contrary, the representative system is always parallel with the order and immutable laws of nature, and meets the reason of man in every part. For example: In the American Federal Government, more power is delegated to the President of the Unit- ed States, than to any other individual member of Congress. He cannot, therefore, be elected to this office under the age of thirty-five j^ears. By this time the judgment of man becomes matured, and he has lived long enough to be acquainted with men and things, and the country with him. But on the monarchial plan, (exclusive of the numerous chances there are against every man born into the world, of drawing a prize in the lottery of human faculties), the next in succes- sion, whatever he may be, is put at the head of a nation, and of a government, at the age of eighteen years. Does this appear like an act of wisdom? Is it consistent with the proper dignity and the manly character of a nation? Where is the pro- priety of calling such a lad the father of the people? In all other cases, a person is a minor until the age of twenty-one years. Before this period, he is not trusted with the management of an acre of land, or with the heritable property 261 WRITINGS OF THOMAS PAINE of a flock of sheep, or an herd of swine; but, wonderful to tell! he may, at the age of eighteen years, be trusted with a nation. That monarchy is all a bubble, a mere court artifice to procure money, is evident, (at least to me) , in every character in which it can be viewed. It would be impossible, on the rational system of representative government, to make out a bill of expenses to such an enormous amount as this deception admits. Government is not of itself a very chargeable institution. The whole expense of the Federal Government of America, founded, as I have already said, on the system of repre- sentation, and extending over a country nearly ten times as large as England, is but six hundred thousand dollars, or one hundred and thirty thou- sand pounds sterling. I presume, that no man in his sober senses will compare the character of any of the kings of Europe with that of General Washington. Yet, in France, and also in England, the expense of the civil hst only, for the support of one man, is eight times greater than the whole expense of the Federal Government in America. To assign a reason for this, appears almost impossible. The generality of people in America, especially the poor, are more able to pay taxes, than the gen- 262 WRITINGS OF THOMAS PAINE erality of people either in France or England. But the case is, that the representative system diffuses such a body of knowledge throughout a nation, on the subject of government, as to ex- plode ignorance and preclude imposition. The craft of courts cannot be acted on that ground. There is no place for mystery ; nowhere for it to begin. Those who are not in the representation, know as much of the nature of business as those who are. An affectation of mysterious impor- tance would there be scouted. Nations can have no secrets; and the secrets of courts, like those of individuals, are always their defects. In the representative system, the reason for every thing must publicly appear. Every man is a proprietor in government and considers it a necessary part of his business to understand. It concerns his interest, because it affects his prop- erty. He examines the cost, and compares it with the advantages; and above all, he does not adopt the slavish custom of following what in other governments are called leadees. It can only be by blinding the understanding of man, and making him believe that government is some wonderful mysterious thing, that exces- sive revenues are obtained. Monarchy is well calculated to ensure this end. It is the popery of 263 WRITINGS OF THOMAS PAINE government ; a thing kept up to amuse the ignor- ant, and quiet them into paying taxes. The government of a free country, properly speaking, is not in the persons, but in the laws. The enacting of those requires no great expense ; and when they are administered, the whole of civil government is performed — the rest is all court contrivance. 264 S OF THOMAS PAINTS fi c ivcpt up to a. ignor- aui; I u:.u J into paying taxes. rnment of a free country, propt i ly not in the persons, but in the lav,s. ting of those requires no great expense; vvhen they are administered, the whole of government is performed — the rest is all court contrivance. GEORGE WASHINGTON Photogravure from the Origirnjl Painting by Gilbert Stuart in the Museum of Fine Arts, Boston 264 CHAPTER IV ON CONSTITUTIONS THAT men mean distinct and separate things when they speak of constitutions and of government, is evident; or why are those terms distinctly and separately used? A consti- tution is not the act of a government, but of a people constituting a government; and govern- ment without a constitution, is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are no other sources. All dele- gated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either. In viewing this subject, the case and circum- stances of America present themselves as in the beginning of the world ; and our inquiry into the origin of government is shortened, by referring to the facts that have arisen in our own day. We have no occasion to roam for information into the obscure field of antiquity, nor hazard ourselves upon conjecture. We are brought at once to the point of seeing government begin, as if we iv-21 265 WRITINGS OF THOMAS PAINE had lived in the beginning of time. The real vol- ume, not of history, but of facts, is directly be- fore us, unmutilated by contrivance, or the errors of tradition. I will here concisely state the commencement of the American constitutions; by which the dif- ference between constitutions and government will sufficiently appear. It may not be improper to remind the reader, that the United States of America consist of thirteen separate states, each of which established a government for itself, after the Declaration of Independence, done the fourth of July, 1776. Each state acted independently of the rest, in forming its government; but the same general principle pervades the whole. When the several state governments were formed, they proceeded to form the Federal Government, that acts over the whole in all matters which concern the interest of the whole, or which relate to the intercourse of the several states with each other, or with for- eign nations. I will begin with giving an in- stance from one of the state governments, (that of Pennsylvania) and then proceed to the Fed- eral Government. The State of Pennsylvania, though nearly of the same extent of territory as England, was 266 WRITINGS OF THOMAS PAINE then divided into only twelve counties. Each of those counties had elected a committee at the commencement of the dispute with the English Government; and as the city of Philadelphia, which also had its committee, was the most cen- tral for intelligence, it became the center of com- munication to the several county committees. When it became necessary to proceed to the formation of a government, the Committee of Philadelphia proposed a conference of all the county committees, to be held in that city, and wliich met the latter end of July, 1776. Though these committees had been elected by the people, they were not elected expressly for the purpose, nor invested with the authority of forming a constitution; and as they could not, consistently with the American idea of rights, as- sume such a power, they could only confer upon the matter, and put it into a train of operation. The conferees, therefore, did no more than state the case, and recommend to the several counties to elect six representatives for each county, to meet in convention at Philadelphia, with powers to form a constitution, and propose it for public consideration. This convention, of which Benjamin Frank- lin was president, having met and deliberated, 267 WRITINGS OF THOMAS PAINE and agreed upon a constitution, they next or- dered it to be published, not as a thing estab- lished, but for the consideration of the whole peo- ple, their approbation or rejection, and then ad- journed to a stated time. When the time of adjournment was expired, the convention re-assembled, and as the general opinion of the people in approbation of it was then known, the constitution was signed, sealed, and proclaimed on the authority of the people; and the original instrument deposited as a public record. The convention then appointed a day for the general election of the representatives who were to compose the Government, and the time it should commence ; and having done this, they dis- solved, and returned to their several homes and occupations. In this constitution were laid down, first, a declaration of rights. Then followed the form which the Government should have, and the pow- ers it should possess — the authority of the courts of judicature, and of juries — the manner in which elections should be conducted, and the pro- portion of representatives to the number of elect- ors— the time which each succeeding assembly should continue, which was one year — ^the mode 268 WRITINGS OF THOMAS PAINE of lev3dng, and of accounting for the expend- iture, of public money — of appointing public of- ficers, etc. No article of this Constitution could be altered or infringed at the discretion of the Government that was to ensue. It was to that Government a law. But as it would have been unwise to pre- clude the benefit of experience, and in order also to prevent the accumulation of errors, if any should be found, and to preserve a unison of gov- ernment with the circumstances of the State at all times, the Constitution provided, that, at the expiration of every seven years, a convention should be elected, for the express purpose of re- vising the Constitution, and making alterations, additions, or abolitions therein, if any such should be found necessary. Here we see a regular process — a govern- ment issuing out of a constitution, formed by the people in their original character; and that con- stitution serving, not only as an authority, but as a law of control to the government. It was the pohtical bible of the State. Scarcely a family was without it. Every member of the Govern- ment had a copy ; and nothing was more common when any debate arose on the principle of a bill, or on the extent of any species of authority, than 269 WRITINGS OF THOMAS PAINE for the members to take the printed Constitution out of their pocket, and read the chapter with which such matter in debate was connected. Having thus given an instance from one of the states, I will show the proceedings by whicK the Federal Constitution of the United States arose and was formed. Congress, at its two first meetings, in Sep- tember 1774, and May 1775, was nothing more than a deputation from the legislatures of the several provinces, afterwards states; and had no other authority than what arose from common consent, and the necessity of its acting as a public body. In every thing which related to the inter- nal affairs of America, Congress went no farther than to issue recommendations to the several pro- vincial assemblies, who at discretion adopted them or not. Nothing on the part of Congress was com- pulsive; yet, in this situation, it was more faith- fully and affectionately obeyed, than was any government in Europe. This instance, like that of the National Assembly of France, sufficiently shows that the strength of government does not consist in any thing within itself, but in the at- tachment of a nation, and the interest which the people feel in supporting it. When this is lost, 270 WRITINGS OF THOMAS PAINE government is but a child in power; and though, like the old government of France, it may har- rass individuals for a while, it but facilitates its own fall. After the declaration of independence, it be- came consistent with the principle on which rep- resentative government is founded, that the authority of Congress should be defined and es- tabUshed. Whether that authority should be more or less than Congress then discretionally exercised, was not the question. It was merely the rectitude of the measure. For this purpose, the act, called the Act of Confederation, (which was a sort of imperfect federal constitution), was proposed, and, after long deliberation, was concluded in the year 1781. It was not the act of Congress, because it is repugnant to the principles of representative government that a body should give power to itself. Congress first informed the several states of the powers which it conceived were necessary to be invested in the union, to enable it to per- form the duties and services required from it; and the states severally agreed with each other, and concentrated in Congress those powers. It may not be improper to observe, that in both those instances (the one of Pennsylvania, 271 WRITINGS OF THOMAS PAINE and the other of the United States) , there is no such thing as the idea of a compact between the people on one side, and the government on the other. The compact was that of the people with each other, to produce and constitute a govern- ment. To suppose that any government can be a party in a compact with the whole people, is to suppose it to have existence before it can have a right to exist. The only instance in which a compact can take place between the people and those who exercise the government, is, that the people shall pay them, while they choose to em- ploy them. Government is not a trade which any man or body of men has a right to set up and exercise for his own emolument, but is altogether a trust, in right of those by whom that trust is delegated, and by whom it is always resumable. It has of itself no rights; they are altogether duties. Having thus given two instances of the original formation of a constitution, I will show the manner in which both have been changed since their first establishment. The powers vested in the governments of the several states, by the state constitutions, were found, upon experience, to be too great; and 272 WRITINGS OF THOMAS PAINE those vested in the Federal Government, by the Act of Confederation, too httle. The defect was not in the principle, but in the distribution of power. Numerous publications, in pamphlets and in the newspapers, appeared on the propriety and necessity of new modelling the Federal Govern- ment. After some time of public discussion, car- ried on through the channel of the press, and in conversations, the State of Virginia, experiencing some inconvenience ^vith respect to commerce, proposed holding a continental conference; in consequence of which, a deputation from five or six of the state assembhes met at Annapohs in Maryland in 1786. This meeting, not conceiving itself sufficiently authorized to go into the business of a reform, did no more than state their general opinions of the propriety of the measure, and recommended that a convention of all the states should be held the year following. This convention met at Pliiladelphia in May, 1787, of which General Washington was elected President. He was not at that time connected with any of the state governments, or with Con- gress. He delivered up his commission when the war ended, and since then had lived a private 273 WRITINGS OF THOMAS PAINE citizen. The convention went deeply into all the subjects; and having, after a variety of debate and investigation, agreed among themselves upon the several parts of a federal constitution, the next question was, the manner of giving it au- thority and practise. For this purpose, they did not, like a cabal of courtiers, send for a Dutch stadtholder, or a German elector; but they referred the whole matter to the sense and interest of the country. They first directed that the proposed consti- tution should be published. Secondly, that each state should elect a convention, expressly for the purpose of taking it into consideration, and of ratifying or rejecting it; and that as soon as the approbation and ratification of any nine states should be given, that those states should proceed to the election of their proportion of members to the new Federal Government; and that the operation of it should then begin, and the former Federal Government cease. The several states proceeded accordingly to elect their conventions. Some of those conven- tions ratified the Constitution by very large majorities, and two or tliree unanimously. In others there were much debate and division of opinion. In the ^lassachusetts Convention, 274 WRITINGS OF THOMAS PAINE which met at Boston, the majority was not above nineteen or twenty, in about three hundred mem- bers; but such is the nature of representative government, that it quietly decides all matters by majority. After the debate in the Massachusetts Con- vention was closed, and the vote taken, the ob- jecting members rose, and declared, ''That though they had argued and voted against it, he- cause certain parts appeared to them in a differ- ent light to what they appeared to other mem- bers: yet, as the vote had decided in favor of the Constitution as proposed, they should give it the same practical support as if they had voted for it" As soon as nine states had concurred, (and the rest followed in the order their conventions were elected) , the old fabric of the Federal Gov- ernment was taken down, and the new one elect- ed, of which General Washington is President. In this place I cannot help remarking, that the character and services of this gentleman are suf- ficient to put all those men called kings to shame. While they are receiving from the sweat and labors of mankind, a prodigality of pay, to which neither their abilities nor their services can en- title them, he is rendering every service in his 275 WRITINGS OF THOMAS PAINE power, and refusing every pecuniary reward. He accepted no pay as Commander in Chief; he accepts none as President of the United States. After the new Federal Constitution was es- tablished, the State of Pennsylvania, conceiving that some parts of its own Constitution required to be altered, elected a convention for that pur- pose. The proposed alterations were published, and the people concurring therein, they were es- tablished. In forming those constitutions, or in altering them, little or no inconvenience took place. The ordinary course of things was not interrupted, and the advantages have been much. It is always the interest of a far greater number of people in a nation to have things right, than to let them remain wi'ong ; and when public matters are open to debate, and the public judgment free, it will not decide wrong, unless it decides too hastily. In the two instances of changing the consti- tutions, the governments then in being were not actors either way. Government has no right to make itself a party in any debates respecting the principles or mode of forming or of chang- ing, constitutions. It is not for the benefit of those who exercise the powers of government, that constitutions, 276 WRITINGS OF THOMAS PAINE and the governments issuing from them, are es- tablished. In all those matters the right of judg- ing and acting are in those who pay, and not in those who receive. A constitution is the property of a nation, and not of those who exercise the government. All the constitutions of America are declared to be established on the authority of the people. In France, the word nation is used instead of the people; but in both cases, a constitution is a thing antecedent to the government, and always distinct therefrom. In England, it is not difficult to perceive that every thing has a constitution, except the nation. Every society and association that is established, first agreed upon a number of original articles, digested into form, which are its constitution. It then appointed its officers, whose powers and authorities are described in that constitution, and the government of that society then commenced. Those officers, by whatever name they are called, have no authority to add to, alter, or abridge the original articles. It is only to the constituting power that this right belongs. From the want of understanding the dif- ference between a constitution and a govern- ment, Dr. Johnson, and all writers of his descrip- 277 WRITINGS OF THOMAS PAINE tion, have always bewildered themselves. They could not but perceive, that there must neces- sarily be a controlling power existing somewhere, and they placed this power in the discretion of the persons exercising the government, instead of placing it in a constitution formed by the nation. When it is in a constitution, it has the na- tion for its support, and the natural and con- trolling powers are together. The laws which are enacted by governments, control men only as individuals, but the nation, through its consti- tution, controls the whole government, and has a natural ability so to do. The final controlling power, therefore, and the original constituting power, are one and the same power. Dr. Johnson could not have advanced such a position in any country where there was a con- stitution; and he is himself an evidence, that no such thing as a constitution exists in England. But it may be put as a question, not improper to be investigated, that if a constitution does not exist, how came the idea of its existence so gen- erally established? In order to decide this question, it is neces- sary to consider a constitution in both cases: — First, as creating a government and giving it 278 WRITINGS OF THOMAS PAINE powers. Secondly, as regulating and restraining the powers so given. If we begin with William of Normandy, we fmd that the government of England was origi- nally a tyranny, founded on an invasion and con- quest of the country. This being admitted, it will then appear, that the exertion of the nation, at different periods, to abate that tyranny, and render it less intolerable, has been credited for a constitution. Magna Charta, as it was called, (it is now like an almanac of the same date) , was no more than compelling the Government to renounce a part of its assumptions. It did not create and give powers to Government in the manner a con- stitution does; but was, as far as it went, of the nature of a re-conquest, and not of a constitu- tion; for could the nation have totally expelled the usurpation, as France has done its despotism, it would then have had a constitution in form. The history of the Edwards and the Henrys, and up to the commencement of the Stuarts, ex- hibits as many instances of tyranny as could be acted within the limits to which the nation has restricted it. The Stuarts endeavored to pass those limits, and their fate is well known. In all those instances we see nothing of a constitution, 279 WRITINGS OF THOMAS PAINE but only of restrictions on assumed power. After this, another Wilham, descended from the same stock, and claiming from the same ori- gin, gained possession; and of the two evils, James and William, the nation preferred what it thought the least; since, from the circumstances, it must take one. The act, called the Bill of Rights, comes here into view. What is it but a bargain, which the parts of government made with each other to divide powers, profits and privileges? You shall have so much, and I will have the rest; and with respect to the nation, it said, for your share, you shall have the right of jJetitioning. This being the case, the Bill of Rights is more properly a bill of wrongs, and of insult. As to what is called the Convention-parliament, it was a thing that made itself, and then made the authority by which it acted. A few persons got together, and called themselves by that name. Several of them had never been elected, and none of them for that purpose. From the time of William, a species of gov- ernment arose, issuing out of this coalition Bill of Rights; and more so, since the corruption intro- duced at the Hanover succession, by the agency of Walpole: that can be described by no other 280 WRITINGS OF THOMAS PAINE name than a despotic legislation. Though the parts may embarrass each other, the whole has no bounds; and the only right it acknowledges out of itself, is the right of petitioning. Where then is the constitution that either gives or re- strains power? It is not because a part of the government is elective, that makes it less a despotism, if the persons so elected, possess afterwards, as a par- Hament, unlimited powers. Election, in this case, becomes separated from representation, and the candidates are candidates for despotism. I cannot believe that any nation, reasoning on its own rights, would have thought of calling those things a constitution, if the cry of constitu- tion had not been set up by the Government. It has got into circulation like the words bore and quoz, by being chalked up in the speeches of Parhament, as those words were on the window- shutters and door-posts; but whatever the Con- stitution may be in other respects, it has un- doubtedly been the most productive machine for taxation that was ever i^ivented. The taxes in France under the new Consti- tution, are not quite thirteen shillings per head,* *The whole amount of the assessed taxes of France, for the present year, is three hundred millions of francs, which is twelve millions and a half sterling; and the incidental taxes are estimated IV-22 281 WRITINGS OF THOMAS PAINE and the taxes in England, under what is called its present Constitution, are forty-eight shillings and sixpence per head, men, women, and children, amounting to nearly seventeen millions sterling, besides the expense of collection, which is up- wards of a million more. In a country like England, where the whole of the civil government is executed by the people of every town and country, by means of parish officers, magistrates, quarterly sessions, juries, and assize, without any trouble to what is called government, or any other expense to the revenue than the salary of the judges, it is astonishing how such a mass of taxes can be employed. Not even the internal defense of the country is paid out of the revenue. On all occasions, whether real or contrived, recourse is continually had to new loans and new taxes. No wonder, then, that a machine of government so advan- tageous to the advocates of a court, should be so triumphantly extolled ! at three millions, making in the whole fifteen millions and a half; which among twenty-four millions of people, is not qiiite thirty shillings per head. France has lessened her taxes since the Revolution, nearly nine millions sterling annually. Before the Revolution, the city of Paris paid a duty of upwards of thirty per cent on all articles brought into the city. This tax was collected at the city gates. It was taken off on the first of last May, and the gates taken down. 282 WRITINGS OF THOMAS PAINE No wonder, that St. James's or St. Stephen's should echo with the continual cry of constitu- tion! No wonder, that the French Revolution should be reprobated, and the res-publica treated with reproach! The red book of England, like the red book of France, will explain the reason, t I will now, by way of relaxation, turn a thought or two to Mr. Burke. I ask his pardon for neglecting him so long. *' America," says he, (in his speech on the Canada Constitution Bill) "never dreamed of such absurd doctrine as the Rights of Man." Mr. Burke is such a bold presumer, and ad- vances his assertions and his premises with such a deficiency of judgment, that, without troubling ourselves about principles of philosophy or poli- tics, the mere logical conclusions they produce, are ridiculous. For Instance: If governments, as Mr. Burke asserts, are not founded on the rights of man, and are founded on any rights at all, they consequently must be founded on the rights of soinething that is not man. What then is that something? Generally speaking, we know of no other creatures that inhabit the earth than man and fWhat was called the livre rouge, or the red book, in France, was not exactly similar to the court calendar in England; but it sufficiently showed how a great part of the taxes were lavished. 283 WRITINGS OF THOMAS PAINE beast; and in all cases, where only two things offer themselves, and one must be admitted, a negation proved on any one, amounts to an affirmative on the other; and therefore, Mr. Burke, by proving against the rights of man, proves in behalf of the beast; and consequently proves that government is a beast; and as diffi- cult things sometimes explain each other, we now see the origin of keeping wild beasts in the Tower ; for they certainly can be of no other use than to show the origin of the government. They are in the place of a constitution. O! John Bull, what honors thou hast lost by not being a wild beast. Thou mightest, on INIr. Burke's system, have been in the Tower for life. If Mr. Burke's arguments have not weight enough to keep one serious, the fault is less mine than his ; and as I am willing to make an apology to the reader for the liberty I have taken, I hope Mr. Burke wiU also make his for giving the cause. Having thus paid Mr. Burke the compli- ment of remembering him, I return to the sub- ject. From the want of a constitution in England to restrain and regulate the wild impulse of power, many of the laws are irrational and tyran- 284 WRITINGS OF THOMAS PAINE nical, and the administration of them vague and problematical. The attention of the Government of England (for I rather choose to call it by this name, than the English Government) appears, since its polit- ical connection with Germany, to have been so completely engrossed and absorbed by foreign affairs, and the means of raising taxes, that it seems to exist for no other purposes. Domestic concerns are neglected ; and with respect to regu- lar law, there is scarcely such a thing. Almost every case must now be determined by some precedent, be that precedent good or bad, or whether it properly applies or not; and the practise has become so general, as to suggest a suspicion, that it proceeds from a deeper policy than at first sight appears. Since the Revolution of America, and more so since that of France, this preaching up the doctrine of precedents, drawn from times and cir- cumstances antecedent to those events, has been the studied practise of the English Government. The generality of those precedents are founded on principles and opinions, the reverse of what they ought to be; and the greater distance of time they are drawn from, the more they are to be suspected. 285 WRITINGS OF THOMAS PAINE But by associating those precedents with a superstitious reverence for ancient things, as monks show relics and call them holy, the gener- ality of mankind are deceived into the design. Governments now act as if they were afraid to awaken a single reflection in man. They are softly leading him to the sepulchre of precedents, to deaden his faculties and call his attention from the scene of revolutions. They feel that he is arriving at knowledge faster than they wish, and their policy of prece- dents is the barometer of their fears. This polit- ical popery, like the ecclesiastical popery of old, has had its day, and is hastening to its exit. The ragged relic and the antiquated precedent, the monk and the monarch, will molder together. Government by precedent, without any re- gard to the principle of the precedent, is one of the vilest systems that can be set up. In numer- ous instances, the precedent ought to operate as a warning, and not as an example, and requires to be shunned instead of imitated ; but instead of this, precedents are taken in the lump, and put at once for constitution and for law. Either the doctrine of precedents is policy to keep a man in a state of ignorance, or it is a prac- tical confession that wisdom degenerates in gov- 286 WRITINGS OF THOMAS PAINE ernments as governments increase in age, and can only hobble along by the stilts and crutches of precedents. How is it that the same persons who would proudly be thought wiser than their predeces- sors, appear at the same time only as the ghosts of departed wisdom? How strangely is an- tiquity treated! To answer some purposes, it is spoken of as the times of darkness and ignor- ance, and to answer others, it is put for the light of the world. If the doctrine of precedents is to be fol- lowed, the expenses of government need not con- tinue the same. Why pay men extravagantly, who have but little to do? If every thing that can happen is abeady in precedent, legislation is at an end, and precedent, like a dictionary, determines every case. Either, therefore, gov- ernment has arrived at its dotage, and requires to be renovated, or all the occasions for exercis- ing its wisdom have occurred. We now see all over Europe, and particu- larly in England, the curious phenomenon of a nation looking one way, and the Government the other — the one forward and the other backward. If governments are to go on by precedent, while nations go on by improvement, they must at last 287 WRITINGS OF THOMAS PAINE come to a final separation; and the sooner, and the more civilly they determine this point, the better it will be for them.* Having thus spoken of constitutions gener- ally, as things distinct from actual governments, let us proceed to consider the parts of which a constitution is composed. Opinions differ more on this subject, than with respect to the whole. That a nation ought to have a constitution, as a rule for the conduct of its government, is a simple question to which all men, not directly courtiers, will agree. It is only on the component parts that questions and opinions multiply. But this difficulty, like every other, will diminish when put into a train of being rightly understood. The first thing is, that a nation has a right to establish a constitution. *In England the improvements in agriculture, useful arts, man- ufactures, and commerce have been made in opposition to the genius of its government, which is that of following precedents. It is from the enterprise and industry of the individuals, and their numerous associations, in which, tritely speaking, govern- ment is neither pillow nor bolster, that these improvements have proceeded. No man thought about the Government, or who was iti, or who was out, when he was planning or executing those things, and all he had to hope, with respect to government, was, that it would let him alone. Three or four very silly ministerial news- papers are continually offending against the spirit of national im- provement, by ascribing it to a minister. They may with as much truth ascribe this book to a minister. 288 WRITINGS OF THOMAS PAINE Whether it exercises this right in the most judicious manner at first, it is quite another case. It exercises it agreeably to the judgment it pos- sesses ; and by continuing to do so, all errors will at last be exploded. When this right is established in a nation, there is no fear that it will be employed to its own injury. A nation can have no interest in being wrong. Though all the constitutions of America are on one general principle, yet no two of them are exactly alike in their component parts, or in the distribution of the powers which they give to the actual governments. Some are more and others less complex. In forming a constitution, it is first necessary to consider what are the ends for which govern- ment is necessary: secondly, what are the best means, and the least expensive, for accomplish- ing those ends. Government is nothing more than a national association; and the object of this association is the good of all, as well individually as collec- tively. Every man wishes to pursue his occupa- tion, and enjoy the fruits of his labors, and the produce of his property, in peace and safety, and with the least possible expense. When these 289 WRITINGS OF THOMAS PAINE things are accomplished, all the objects for which government ought to be established are an- swered. It has been customary to consider govern- ment under three distinct general heads: The legislative, the executive, and the judicial. But if we permit our judgment to act unin- cumbered by the habit of multiplied terms, we can perceive no more than two divisions of power, of which civil government is composed, namely, that of legislating, or enacting laws, and that of executing or administering them. Every thing, therefore, appertaining to civil govern- ment, classes itself under one or other of these two divisions. So far as regards the execution of the laws, that which is called the judicial power, is strictly and properly the executive power of every coun- try. It is that power to which every individual has an appeal, and which causes the laws to be executed; neither have we any other clear idea with respect to the official execution of the laws. In England, and also in America and France, this power begins with the magistrate, and pro- ceeds up through all the courts of judicature. I leave to courtiers to explain what is meant by calling monarchy the executive power. It is 290 WRITINGS OF THOMAS PAINE merely a name in which acts of government are done; and any other, or none at all, would an- swer the same purpose. Laws have neither more nor less authority on this account. It must be from the justness of their principles, and the interest which a nation feels therein, that they derive support; if they require any other than this, it is a sign that some- thing in the system of government is imperfect. Laws difficult to be executed cannot be generally good. With respect to the organization of the legis- lative 'power ^ different modes have been adopted in different countries. In America it is gener- ally composed of two houses. In France it con- sists of but one, but in both countries, it is wholly by representation. The case is, that mankind (from the long tyranny of assumed power) have had so few op- portunities of making the necessary trials on modes and principles of government, in order to discover the best, that government is hut now he- ginning to he known, and experience is yet want- ing to determine many particulars. The objections against two houses are, first, that there is an inconsistency in any part of a whole legislature coming to a final determination 291 WRITINGS OF THOMAS PAINE by vote on any matter, whilst that matter ^ with respect to that whole, is yet only in a train of de- liberation, and consequently open to new illus- trations. Secondly, That by taking the vote on each, as a separate body, it always admits of the possi- bility, and is often the case in practise, that the minority governs the majority, and that, in some instances, to a great degree of inconsistency. Thirdly, That two houses arbitrarily check- ing or controlling each other, is inconsistent; be- cause it cannot be proved, on the principles of just representation, that either should be wiser or better than the other. They may check in the wrong as well as in the right; and therefore, to give the power where we cannot give the wisdom to use it, nor be assured of its being rightly used, renders the hazard at least equal to the precau- tion.* * With respect to the two Houses, of which the English Par- liament is composed, they appear to be effectually influenced into one, and, as a legislature, to have no temper of its own. The min- ister, whoever he at any time may be, touches it as with an opixun wand, and it sleeps obedience. But if we look at the distinct abilities of the two Houses, the difference will appear so great, as to show the inconsistency of placing power where there can be no certainty of the judgment to use it. Wretched as the state of representation is in England, it is manhood compared with what is called the House of Lords; and so little is this nick-named House regarded, that the people scarcely inquire at any time what it is doing. It appears also to 292 WRITINGS OF THOMAS PAINE The objection against a single house is, that it is always in a condition of committing itself too soon. But it should at the same time be re- membered that when there is a constitution which defines the power, and establishes the principles within which a legislature shall act, there is al- ready a more effectual check provided, and more powerfully operating, than any other check can be. For example : Were a bill brought into any of the American legislatures, similar to that which was passed into an act of the English Parliament, at the com- mencement of the reign of George I, to extend the duration of the assemblies to a longer period than they now sit, the check is in the constitution, which in effect says, thus far shalt thou go and no further, be most under influence, and the furthest removed from the gen- eral interest of the nation. In the debate on engaging in the Russian and Turkish war, the majority in the House of Peers in favor of it was upwards of ninety, when in the other House, which was more than double its numbers, the majority was sixty- three. The proceedings on Mr, Fox's bill, respecting the rights of juries, merits also to be noticed. The persons called the peers, were not the objects of that bill. They are already in possession of more privileges than that bill gave to others. They are their own jury, and if any one of that House were prosecuted for a libel, he would not suffer, even upon conviction, for the first offense. Such inequality in laws ought not to exist in any country. The French Constitution says, that the law is the same to every individual, whether to protect or to punish. All are equal in its sight. 293 WRITINGS OF THOMAS PAINE But in order to remove the objection against a single House, (that of acting with too quick an impulse) and at the same time to avoid the in- consistencies, in some cases absurdities, arising from the two Houses, the following method has been proposed as an improvement on both: First: To have but one representation. Secondly: To divide that representation, by lot, into two or three parts. Thirdly: That every proposed bill shall first be debated in those parts, by succession, that they may become hearers of each other, but without taking any vote. After which the whole repre- sentation to assemble, for a general debate and determination, by vote. To this proposed improvement has been added another, for the purpose of keeping the representation in a state of constant renovation; which is, that one-third of the representation of each county, shall go out at the expiration of one year, and the number be replaced by new elec- tions. Another third at the expiration of the second year, replaced in like manner, and every third year to be a general election.* *As to the state of representation in England, it is too absurd to be reasoned upon. Almost all the represented parts are de- creasing in population, and the unrepresented parts are increasing. A general convention of the nation is necessary to take the whole state of its government into consideration. 294 WRITINGS OF THOMAS PAINE But in whatever manner the separate parts of a constitution may be arranged, there is one general principle that distinguishes freedom from slavery, which is, that all hereditary gov- ernment over a people is to them a species of slavery, and representative government is free- dom. Considering government in the only light in which it should be considered, that of a national ASSOCIATION^ it ought to be so constructed as not to be disordered by any accident happening among the parts; and therefore, no extraordi- nary power, capable of producing such an effect, should be lodged in the hands of any individual. The death, sickness, absence, or defection of any one individual in a government, ought to be a matter of no more consequence, with respect to the nation, than if the same circumstance had taken place in a member of the English Parlia- ment, or the French National Assembly. Scarcely anything presents a more degrading character of national greatness, than its being thrown into confusion by any thing happening to, or acted by an individual ; and the ridiculous- ness of the scene is often increased by the natural insignificance of the person by whom it is occa- sioned. 295 WRITINGS OF THOMAS PAINE Were a government so constructed, that it could not go on unless a goose or a gander were present in the senate, the difficulties would be just as great and as real on the flight or sickness of the goose or the gander, as if they were called a king. We laugh at individuals for the silly difficulties they make to themselves, without per- ceiving that the greatest of all ridiculous things are acted in governments.* All the constitutions of America are on a plan that excludes the childish embarrassments which occur in monarchial countries. No suspen- sion of government can there take place for a moment, from any circumstance whatever. The *It is related, that in the canton of Berne, in Switzerland, it had been ciistomary from time immemorial, to keep a bear at the public expense, and the people had been taught to believe, that if they had not a bear, they should all be undone. It hap- pened some years ago, that the bear, then in being, was taken sick, and died too suddenly to have his place immediately sup- plied with another. During the interregnum the people discovered, that the corn grew and the vintage flourished, and the sun and moon continued to rise and set, and every thing went on the same as before, and, taking courage from these circumstances, they resolved not to keep any more bears; "for," said they, "a bear is a very voracious, expensive animal, and we were obliged to pull out Ms claws, lest he should hurt the citizens." The story of the bear of Berne was related in some of the French newspapers, at the time of the flight of Louis XVI. and the application of it to monarchy could not be mistaken in France ; but it seems that the aristocracy of Berne applied it to them- selves, and have since prohibited the reading of French news- papers. 296 WRITINGS OF THOMAS PAINE system of representation provides for every thing, and is the only system in which nations and governments can always appear in their proper character. As extraordinary power ought not to be lodged in the hands of any individual, so ought there to be no appropriations of public monc}^ to any person beyond what his services in a state may be worth. It signifies not whether a man be called a president, a king, an emperor, a senator, or by any other name which propriety or folly may devise, or arrogance assume! it is only a certain service he can perform in the state ; and the serv- ice of any such individual in the routine of office, whether such office be called monarchial, presi- dential, senatorial, or by any other name or title, can never exceed the value of ten thousand pounds a year. All the great services that are done in the world are performed by volunteer characters, who accept no pay for them; but the routine of office is always regulated to such a general stand- ard of abilities as to be within the compass of numbers in every country to perform, and there- fore cannot merit very extraordinary recom- pense. " Government/' says Swift, " is a plain IV-23 297 WRITINGS OF THOMAS PAINE thing, and fitted to the caimcity of many heads/' It is inhuman to talk of a million sterling a year, paid out of the public taxes of any country, for the support of any individual, whilst thou- sands, who are forced to contribute thereto, are pining with want, and struggling with misery. Government does not consist in a contrast be- tween prisons and palaces, between poverty and pomp ; it is not instituted to rob the needy of his mite, and increase the ^vretchedness of the wretched. But of this part of the subject I shall speak hereafter, and confine myself at present to political observations. When extraordinary power and extraordi- nary pay are allotted to any individual in a gov- ernment, he becomes the center, round which every kind of corruption generates and forms. Give to any man a million a year, and add thereto the power of creating and disposing of places, at the expense of a country, and the liberties of that country are no longer secure. What is called the splendor of a throne, is no other than the corrup- tion of the state. It is made up of a band of parasites, living in luxurious indolence, out of the public taxes. When once such a vicious system is estab- lished, it becomes the guard and protection of aU 298 WRITINGS OF THOMAS PAINE inferior abuses. The man who is in the receipt of a million a year is the last person to promote a spirit of reform, lest, in the event, it should reach to himself. It is always his interest to de- fend inferior abuses, as so many outworks to pro- tect the citadel, and in this species of political fortification, all the parts have such a common dependence, that it is never to be expected they will attack each other.* Monarchy would not have continued so many ages in the world, had it not been for the abuses it protects. It is the master fraud which shelters *It is scarcely possible to touch on any subject, that will not suggest an allusion to some corruption in governments. The simile of "fortifications," unfortunately involves with it a circum- stance, which is directly in point with the matter alluded to. Among the numerous instances of abuse which have been acted or protected by governments, ancient or modern, there is not a greater than that of quartering a man and his heirs upon the l)ublic, to be maintained at its expense. Humanity dictates a provision for the poor; but by what right, moral or political, does any government assume to say, that the person called the Duke of Richmond, shall be maintained by the public? Yet, if common report is true, not a beggar in Lon- don can purchase his wretched pittance of coal, without paying towards the civil list of the Duke of Richmond. Were the whole produce of this imposition but a shilling a year, the iniquitous principle would be still the same; but when it amounts, as it is said to do, to not less than twenty thousand pounds per annum, the enormity is too serious to be permitted to remain. This is one of the effects of monarchy and aristocracy. In stating this case, I am led by no personal dislike. Though I think it mean in any man to live upon the public, the vice originates in the government; and so general is it become, that whether the parties are in the ministry or in the opposition, it makes no difference; they are sure of the guaranty of each other. 299 WRITINGS OF THOMAS PAINE all others. By admitting a participation of the spoil, it makes itself friends; and when it ceases to do this, it will cease to be the idol of courtiers. As the principle on which constitutions are now formed, rejects all hereditary pretensions to government, it also rejects all that catalogue of assumptions known by the name of prerogatives. If there is any government where preroga- tives might with apparent safety be intrusted to any individual, it is in the Federal Government of America. The President of the United States of America is elected only for four years. He is not only responsible in the general sense of the word, but a particular mode is laid down in the Constitution for trying him. He camiot be elected under thirty-five years of age; and he must be a native of the country. In a comparison of these cases with the gov- ernment of England, the difference when ap- plied to the latter amounts almost to an absurd- ity. In England, the person who exercises this prerogative is often a foreigner; always half a foreigner, and always married to a foreigner. He is never in full natural or political connection with the country, is not responsible for any thing, and becomes of age at eighteen years; yet such a person is permitted to form foreign alliances, 300 WRITINGS OF THOMAS PAINE without even the knowledge of the nation ; and to make war and peace without its consent. But this is not all. Though such a person cannot dispose of the government, in the manner of a testator, he dictates the marriage connec- tions, which, in effect, accomplishes a great part of the same end. He cannot directly bequeath half the government to Prussia, but he can form a marriage partnership that will produce the same effect. Under such circumstances, it is happy for England that she is not situated on the Conti- nent, or she might, hke Holland, fall under the dictatorship of Prussia. Holland, by marriage, is as effectually governed by Prussia, as if the old tyranny of bequeathing the government had been the means. The presidency in America, (or, as it is some- times called, the executive,) is the only office from which a foreigner is excluded ; and in Eng- land, it is the only one to which he is admitted. A foreigner cannot be a member of Parliament, but he may be what is called a king. If there is any reason for excluding foreigners, it ought to be from those offices where most mischief can be acted, and where, by uniting every bias of inter- est and attacliment, the trust is best secured . 301 WRITINGS OF THOMAS PAINE But as nations proceed in the great business of forming constitutions, they will examine with more precision into the nature and business of that department which is called the executive. What the legislative and judicial departments are, every one can see; but with respect to what, in Europe, is called the executive, as distinct from those two, it is either a pohtical superfluity, or a chaos of unknown things. Some kind of official department, to which reports shall be made from different parts of the nation, or from abroad, to be laid before the na- tional representatives, is all that is necessary ; but there is no consistency in calling this the execu- tive; neither can it be considered in any other light than as inferior to the legislature. The sovereign authority in any country is the power of making laws, and every thing else is an official department. Next to the arrangement of the principles and the organization of the several parts of a constitution, is the provision to be made for the support of the persons to whom the nation shall confide the administration of the constitutional powers. A nation can have no right to the time and services of any person at his own expense, whom 302 WRITINGS OF THOMAS PAINE it may choose to employ or intrust in any depart- ment whatever; neither can any reason be given for making provision for the support of any one part of the government and not for the other. But, admitting that the honor of being in- trusted with any part of a government, is to be considered a sufficient reward, it ought to be so to every person ahke. If the members of the legislature of any country are to serve at their own expense, that which is called the executive, whether monarchial, or by any other name, ought to serve in like manner. It is inconsistent to pay the one, and accept the service of the other gratis. In America, every department in the govern- ment is decently provided for; but no one is ex- travagantly paid. Every member of Congress, and of the State Assemblies, is allowed a suffi- ciency for his expenses. Whereas, in England, a most prodigal provision is made for the sup- port of one part of the government and none for the other; the consequence of which is, that the one is furnished with the means of corruption, and the other is put into the condition of being corrupted. Less than a fourth part of such ex- pense, applied as it is in America, would remedy a great part of the corruption. Another reform in the American Constitution 303 WRITINGS OF THOMAS PAINE is the exploding all oaths of personality. The oath of allegiance is to the nation only. The putting any individual as a figure for a nation is improper. The happiness of a nation is the first object, and therefore the intention of an oath of allegiance ought not to be obscured by being fig- uratively taken, to, or in the name of, any per- son. The oath, called the civic oath, in France, viz. the '"^ nation J the law, and the king" is im- proper. If taken at all, it ought to be as in America, to the nation only. The law may or may not be good ; but, in this place, it can have no other meaning, than as be- ing conducive to the happiness of the nation, and therefore is included in it. The remainder of the oath is improper, on the ground that all personal oaths ought to be abohshed. They are the re- mains of tyranny on one part, and slavery on the other ; and the name of the Creator ought not to be introduced to witness the degradation of his creation; or if taken, as is already mentioned, as figurative of the nation, it is in this place redun- dant. But whatever apology may be made for oaths at the first establishment of a government, they ought not to be permitted afterwards. If a government requires the support of oaths, it is 304 WRITINGS OF THOMAS PAINE a sign that it is not worth supporting, and ought not to be supported. INIake government what it ought to be, and it will support itself. To conclude this part of the subject: — One of the greatest improvements that has been made for the perpetual security and progress of consti- tutional liberty, is the provision which the new constitutions make for occasionally revising, altering and amending them. The principle upon which Mr. Burke formed his political creed, that " of binding and control- ling posterity to the end of time, and renouncing and abdicating the rights of all posterity for ever" is now become too detestable to be made a subject for debate; and, therefore, I pass it over with no other notice than exposing it. Government is but now beginning to be known. Hitherto it has been the mere exercise of power, which forbade all effectual inquiry into rights, and grounded itself wholly on pos- session. While the enemy of liberty was its judge, the progress of its principles must have been small indeed. The constitutions of America, and also that of France, have either fixed a period for their revision, or laid down the mode by which im- provements shall be made. 305 WRITINGS OF THOMAS PAINE It is perhaps impossible to establish any thing that combines principles with opinions and prac- tise, which the progress of circumstances, through a length of years, will not in some measure de- range, or render inconsistent; and therefore, to prevent inconveniences accumulating, till they discourage reformations or provoke revolutions, it is best to regulate them as they occur. The rights of man are the rights of all gen- erations of men, and cannot be monopolized by any. That which is worth following, will be fol- lowed for the sake of its worth; and it is in this that its security lies, and not in any conditions with which it may be incumbered. When a man leaves property to his heirs, he does not connect it with an obligation that they shall accept it. Why then should we do otherwise with respect to constitutions? The best constitution that could now be de- vised, consistent with the condition of the present moment, may be far short of that excellence which a few years may afford. There is a morn- ing of reason rising upon man, on the subject of government, that has not appeared before. As the barbarism of the present old governments expires, the moral condition of the nations, with respect to each other, will be changed. 306 WRITINGS OF THOMAS PAINE Man will not be brought up with the savage idea of considering his species as enemies, be- cause the accident of birth gave the indi^n duals existence in countries distinguished by different names; and as constitutions have always some relation to external as well as domestic circum- stances, the means of benefitting by every change, foreign or domestic, should be a part of every constitution. We already see an alteration in the national disposition of England and France toward each other, which, when we look back only a few years, is itself a revolution. Who could have foreseen, or who would have believed, that a French National Assembly would ever have been a popular toast in England, or that a friendly alliance of the two nations should become the wish of either? It shows, that man, were he not corrupted by governments, is naturally the friend of man, and that human nature is not of itself vicious. That spirit of jealousy and ferocity, which the gov- ernments of the two countries inspired, and which they rendered subservient to the purpose of tax- ation, is now yielding to the dictates of reason, interest and humanity. The trade of courts is beginning to be under- 307 WRITINGS OF THOMAS PAINE stood, and the affectation of mystery, with all the artificial sorcery by which they imposed upon mankind, is on the decline. It has received its death wound; and though it may hnger, it will expire. Government ought to be as much open to improvement as anything which appertains to man, instead of which it has been monopolized from age to age, by the most ignorant and vicious of the human race. Need we any other proof of their wretched management, than the excess of debt and taxes with which every nation groans, and the quarrels into which they have precipi- tated the world? Just emerging from such a barbarous condi- tion, it is too soon to determine to what extent of improvement government may yet be carried. For what we can foresee, all Europe may form but one great republic, and man be free of the whole. 308 University of Connecticut Libraries 39153028644351